Case Note & Summary
The petitioners, Chairman Dr. D.Y. Patil Education Enterprise Charitable Trust and another, challenged an order dated 30 June 2022 passed by the Grievances Committee of Savitribai Phule Pune University. The order directed the petitioners' college to pay salary from 10 August 2010 to 31 May 2021, gratuity, hand over service book, issue pay slips from February 2020 to May 2021, and provide Form 16 for FY 2020-2021 to respondent No.1, Smt. Soma Seriac, a non-teaching employee. The petitioners argued that the Grievances Committee lacked jurisdiction to entertain such a service dispute, as its powers under Section 44(1) of the Maharashtra Universities Act, 1994 are limited to grievances of students and teachers regarding academic and administrative matters. The Court heard Mr. Anturkar, Senior Counsel for the petitioners, respondent No.1 in person, and Mr. Anbhule for the University. The Court found that the Committee had no authority to adjudicate individual employment claims, which fall under the Industrial Disputes Act or other labour laws. Consequently, the Court quashed the impugned order, holding it to be without jurisdiction. The Court also noted that the University did not support the order. The petition was allowed, and rule was made absolute.
Headnote
A) University Law - Jurisdiction of Grievance Committee - Scope of Powers - Maharashtra Universities Act, 1994, Section 44(1) - The Grievances Committee under the Act is empowered only to examine grievances of students and teachers regarding academic and administrative matters, not individual service disputes of non-teaching staff. The Committee's order directing payment of salary and gratuity to a non-teaching employee was held to be without jurisdiction and liable to be quashed. (Paras 5-7) B) Service Law - Employee Dispute - Remedy - Industrial Disputes Act, 1947 - An employee aggrieved by non-payment of salary or gratuity must approach the appropriate forum under the Industrial Disputes Act or other labour laws, not the University Grievance Committee. The Court held that the Committee cannot adjudicate such disputes. (Para 6) C) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - The High Court can interfere with orders passed by statutory bodies without jurisdiction. The impugned order was quashed as the Committee acted beyond its powers. (Para 7)
Issue of Consideration
Whether the Grievances Committee of Savitribai Phule Pune University had jurisdiction to pass an order directing payment of salary, gratuity, and issuance of service documents in a dispute between an employee and her employer college.
Final Decision
The petition is allowed. The impugned order dated 30 June 2022 passed by the Grievances Committee of Savitribai Phule Pune University is quashed and set aside. Rule is made absolute. No order as to costs.
Law Points
- Jurisdiction of Grievance Committee
- Service dispute
- University Act
- Natural justice
- Writ jurisdiction under Article 226
