K.M. HIGH SCHOOL, BHIWANI vs SOM DUTT SHARMA, SHASTRI

K.M. High School, Bhiwani has come up in appeal against the Order dated 20th of April, 1995 passed by the District Forum, Bhiwani by which the complaint of Mr. Som Dutt Shastri, Sanskrit Teacher of the School has been allowed and the appellant-School Management has been directed to make the payment of the salary of the Complainant w.e.f. June, 1994 with a further direction that the Complainant was also be entitled to have a salary in future also, if he is allowed to work in the School and his salary shall be paid in future as such and shall not be withheld by the School Authorities.

THE main attack against the decision of the learned District Forum is that the respondent-Som Dutt Shastri has already filed a Civil Suit in the Court of Senior Sub-Judge, Bhiwani for restraining the appellant-School Management from terminating his services and, therefore, during the pendency of the Civil Suit, which was filed on 15th of September, 1993 and the learned District Forum had no jurisdiction to pass the impugned order. On the other hand, Mr. Rajesh Garg, learned Counsel for the respondent pleaded that the Civil Suit was with regard to the continuance of the respondent in the employment of the School and for that purpose a temporary injunction restraining the School Authorities from terminating the services of the respondent had been prayed for. According to the learned Counsel, the present complaint out of which the appeal has arisen is related only to the arrears of salary for the last two months and to ensure the payment thereof in future also so long as the respondent continued to remain in service.

After hearing the learned Counsel for the parties, we find that once the respondent had invoked the jurisdiction of the Civil Court and had filed the suit for continuing in service of the School, the claim with regard to the salary also should have been made in the aforesaid Civil Suit itself. It should not have been left for the District Forum to have parallel proceedings in the matter for holding as to whether the Complainant was entitled to his salary or not. Consequently, we allow the appeal, set aside the order of the learned District Forum and dismiss the complaint. The respondent may, if he so advised, have his remedy with regard to his arrears of salary etc. also by approaching the Civil Court. Appeal allowed.