B. Polamma v. President Parent Teacher Association
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR REVP No. 15 of 2017 • Ram Ajjaiyya S/o Shri Chinaiyya, Aged About 40 Years R/o Block No. 1/ A, Street No.60, Sector-6, Bhilai, District Durg, Chhattisgarh
Versus
1. President Parent Teacher Association B S P Senior Secondary School, Sector 4, Bhilai, District Durg, Chhattisgarh Secondary School, Sector 4, Bhilai, District Durg, Chhattisgarh REVP No. 16 Of 2017 • Kartik Ram S/o Ganpat Lal, R/o Nehru Chowk, Camp-1, Near Sinha Cycle Store, Bhilai, District Durg, Chhattisgarh
1. President Parent Teacher Association B S P Higher Secondary School, Camp 1, Bhilai, District Durg, Chhattisgarh
2. Secretary-Cum-Principal Parent Teachers Association, B S P Higher Secondary School, Camp 1, Bhilai, District Durg, Chhattisgarh
REVP No. 17 Of 2017 • P. Chintami W/o Akaiya, Aged About 44 Years R/o Block No. 3-F, Street No. 59, Sector-6, Bhilai, Tahsil And District Durg, Chhattisgarh
1. President Parent Teacher Association B S P English Medium Middle School, Sector 7, Bhilai, District Durg, Chhattisgarh
2. Secretary-Cum-Headmaster Parent Teachers Association, B S P English Medium Middle School, Sector 7, Bhilai, District Durg, Chhattisgarh REVP No. 18 Of 2017 • Nona Bai W/o Budhram, Aged About 55 Years R/o Sanjay Nagar, Kumharpara, Supela, Bhilai, District Durg, Chhattisgarh
1. President Teacher Association B S P Higher Secondary School No.1, Sector 6, Bhilai, District Durg, Chhattisgarh
2. Secretary-Cum-Principal Parent Teachers Association, B S P Higher Secondary School No.1, Sector 6, Bhilai, District Durg, Chhattisgarh
REVP No. 19 Of 2017 • N.Kondaiya S/o N.Polaiyya, Aged About 42 Years R/o Block No. 2/ F, Cross Street No.11, Sector-6, Bhilai, District Durg, Chhattisgarh
1. President Parent Teacher Association B S P Middle School No.24, Sector 7, Bhilai, District Durg, Chhattisgarh
2. Secretary-Cum-Headmaster Parent Teachers Association, B S P Middle School No.24, Sector 7, Bhilai, District Durg, Chhattisgarh REVP No. 20 Of 2017 • Kavita Chourey W/o Rahul Chourey, Aged About 44 Years R/o Buddha Vihar, Sector-46, Street No.1, Bhilai, District Durg, Chhattisgarh
1. President Parent Teacher Association B S P Senior Secondary School No.2, Sector 46, Bhilai, District Durg, Chhattisgarh Secondary School No.2, Bhilai, District Durg, Chhattisgarh
REVP No. 21 Of 2017 • B. Polamma W/o B.Ramallu, Aged About 42 Years R/o Block No.1 C, 1-F, Labour Camp Bhilai, Tahsil And District Durg, Chhattisgarh
1. President Parent Teacher Association B S P Senior Secondary School, Sector 10, Bhilai, District Durg, Chhattisgarh Secondary School Sector 10, Bhilai, District Durg, Chhattisgarh
3. Steel Authority Of India Ltd. Through Managing Director Now Known As Chief Executive Officer, Bhilai Steel Plant, Tahsil And District Durg, Chhattisgarh REVP No. 22 Of 2017 • Ahilya Bai W/o Teluchand, Aged About 40 Years R/o Block No.L, C-1, F, Labour Camp, Bhilai District Durg, Chhattisgarh
1. President Parent Teacher Association B S P High School, Sector 8, Bhilai,
2. Secretary-Cum-Principal Parent Teachers Association, B S P High School, Sector 8, Bhilai, District Durg, Chhattisgarh
For Petitioners :
Shri HB Agrawal, Sr. Adv. with Ms. Preeti Yadav, Advocate For Respondents-State :
Shri Shashank Thakur, GA for the State For other Respondents :
Dr. NK Shukla, Sr. Adv. with Shri Shailendra Shukla, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 10/02/2017
1. Shri HB Agrawal, learned senior counsel would submit that the parent teacher association was not a party before the labour Court and the parties who were joined before the labour Court were not made party in the writ petition, therefore, there is error apparent on the face of the record.
2. The cause-title of the writ petition would demonstrate that the SecretaryCum-Principal parent teacher association, B S P Higher Secondary School No.1, Sector 6, Bhilai was one of the petitioner in all the writ petitions. The writ petitions were allowed in part directing that the award shall not bind the management of the SAIL/BSP but it will remain operative against the other petitioners, meaning thereby that it will bind the President, Parent Teacher Association and Secretary-Cum-Principal, Parent Teacher Association, who were the other petitioners.
3. When the present petitioners preferred writ appeal before the Division Bench, it was brought to the notice of the Division Bench that the Principal has already filed an affidavit on 07.10.2014 to the effect that each of the applicants/workmen were directed by the respective principals to resume duties in view of the order of reinstatement by the Tribunal, but none of them have joined so far. The Division Bench thereafter disposed of the writ
appeals in terms of the affidavit dated 07.10.2014 filed by the principals of the respective schools in question.
4. After hearing learned counsel for the parties at length, I do not find any error apparent on the face of the record in the impugned order. Even otherwise, writ appeals were preferred and they have been disposed of after hearing the parties. A review petition would not lie on the principle and analogy of Section 114 of CPC read with Order 47 Rule 1 CPC, providing that once an order under review has been appealed against, review petition would not lie.
5. Accordingly, all the review petitions are dismissed, being without any substance.
Sd/- Judge Prashant Kumar Mishra Ashu