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B.N. Sreeraman Vs. State of Karnataka - Court Judgment

LegalCrystal Citation
SubjectLabour and Industrial
CourtKarnataka High Court
Decided On
Case NumberWrit Petition No. 4578/78
Judge
Reported inILR1985KAR3147; (1986)ILLJ166Kant
ActsKarnataka Universities Act - Sections 67 and 67(1)
AppellantB.N. Sreeraman
RespondentState of Karnataka
Excerpt:
- [s. abdul nazeer, j.] code of civil procedure, 1908 — order 23 rule 3-b -representative suit — compromise of — leave of the court - the suit in question is a representative suit which comes within the explanation(d) of order 23 rule 3-b of c.p.c. — the explanation to order 23 rule 3-b of cpc explains the meaning of the words ‘representative suit’ employed in sub-rule (1) of order 23 rule 3-b of cpc. explanation (d) of order 23 rule 3-b of cpc states that a representative suit means, any other suit in law in which the decree passed may, by virtue of the provisions of cpc or of any other law for the time being in force, bind any person who is not named as party to the suit. bombay public trust act comes within the expression ‘any other law for..........5, 6, 8, 9, 12, 13, and 17 entitled as 'code of conduct' (annexure-a) prescribed for employees of aided educational institutions. the brochure/book-let captioned as 'government of karnataka, educational and youth services department' dealing with sub : direct payment of salaries to private aided colleges, junior colleges and teacher's colleges sets out certain terms and conditions on which grant is given. 'the question of direct payment of salaries to the employees of aided colleges, junior colleges and teacher's colleges has been under the consideration of government for some time past and government have decided that salaries be paid directly to the employees of these institutions, subjects to the fulfilment of certain duties and responsibilities both by the managements and employees.....
Judgment:
ORDER

1. Petitioners as Lectures/Readers of an aided educational institution and/or as members of Executive Committee of Private College Teachers Association have questioned constitutional validity of Cls. 2(iv) and (vii); 4(4); 5, 6, 8, 9, 12, 13, and 17 entitled as 'Code of Conduct' (Annexure-A) prescribed for employees of aided educational institutions. The brochure/book-let captioned as 'Government of Karnataka, Educational and Youth Services Department' dealing with sub : Direct payment of salaries to private aided Colleges, Junior Colleges and Teacher's colleges sets out certain terms and conditions on which grant is given.

'The question of direct payment of salaries to the employees of aided Colleges, Junior Colleges and Teacher's Colleges has been under the consideration of Government for some time past and Government have decided that salaries be paid directly to the employees of these institutions, subjects to the fulfilment of certain duties and responsibilities both by the managements and employees of these institutions. Accordingly Government are pleased to make the Following order :


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