act no. xii of 1887 (bengal, n.w.p. and assam civil courts act), sections 8(2) and 21(3) - assignment to additional judge of cases coming from a particular district--jurisdiction. - cantonments act[c.a. no. 41/2006]. section 346 & cantonment fund (servants rules, 1937, rules 13, 14 & 15: [h.l. gokhale, ag. cj, p.v. hardas, naresh h. patil, r.m. borde & r.m. savant, jj] jurisdiction of school tribunal constituted under maharashtra employees of private schools (conditions of service) regulations act, (3 of 1978) held, school run by the cantonment board is a primary school and it is not a school recognised by any such board comparable to the divisional board or the state board. the school tribunal constituted under section 8 of the maharashtra act cannot entertain appeals filed under section 9 by the employees working in schools which are established and administered by the cantonment board. teacher employed in the school run by cantonment board being covered under rule 2 (f) of the cantonment fund servants rules, 1937 can file appeal under rules 13, 14 and 15 to authorities provided therein against any order imposing any penalties etc. [deolali cantonment board v usha devidas dongre, 1993 mah. lj 74; 1993 lab ic 1858 overruled]. -- maharashtra employees of private schools (conditions of service) regulations act, 1978
[act no. 3/1978]. sections 9 & 2(21): jurisdiction of school tribunal whether a school run by cantonment board is not a recognised school within the meaning of section 2(21)? - held, the act is enacted to regulate recruitments and conditions of employees in certain private schools and provisions of the act shall apply to all private schools in the state whether receiving any grant-in-aid from the state government or not. private school is defined in section 2(2) of the act as a recognised school established or administered by a management other than the government or a local authority. recognised means recognised by director, the divisional board or.....chamier, j.1. on november, the 24th, i called upon the additional judge to explain how he came to exercise jurisdiction in this case and to forward to this court, copies of any general or special orders bearing upon the question. the report now made by the additional judge and the copies of orders submitted by him show that in 1907 the district judge of meerut assigned to the additional judge all appeals, applications and miscellaneous cases coming from the muzaffarnagar district, and it is in pursuance of those orders that the present additional judge entertained the appeal in the present case. it is contended that the district judge had no power to make over the work of the muzaffarnagar district to the additional judge and that the word assign in section 21, sub-section (3), of the civil courts act does not refer to action to be taken by the district judge but to action to be taken by the local government. there is no section in the act which empowers the local government to assign to an additional judge work which in the ordinary course would come before a district judge, but there is a provision in section 8, sub-section (2), to the effect that an additional judge shall discharge any of the functions of the district judge which the district judge may assign to him. it is quite 'clear to me that the district judge had power to assign appeals and other eases coming from the muzaffarnagar district to the additional judge. therefore the additional judge had jurisdiction to hear the appeal in the present case. the application for revision fails and is dismissed with costs.