Law: Punjab Education Foundation Act, 2004

Section: 5,8,13

(a) Punjab Education Foundation Act (XII of 2004)--- ----Ss. 5, 8 & 13---Punjab Education Foundation (Contract Appointment) Rules, 2006, Rr.5, 6(2) (a) (b) (d) (h) & 9---Punjab Education Foundation Service Regulations, 2006, Regln. 5---Punjab Education Foundation Employees Service Regulations (Amendment), 2010, Regln.7---Contract employees---Termination from service---Right of hearing---Powers of Managing Director of Education Foundation---Board of Director of Education Foundation---Contention of petitioners-employees was that letters for termination of their services were illegal and their service should be regularized---Validity---Executive and managing authority of the Education Foundation was with its Board of Directors---Board of Directors had powers to appoint employees and other functionaries of the Education Foundation and determine the terms and conditions of their employment---Managing Director of the Education Foundation could exercise all such powers and could do all such acts and things as were authorized by Board of Directors---Contractual appointments were made on the basis of merits which did not confer any right for regular appointment---Managing Director had powers to terminate the services of contract employees without assigning any reason or without approval of Board of Directors or Provincial Government---Managing Director could only extend the contract and re-negotiate new terms and conditions of contractual appointment with the approval of Board of Directors---Provincial Government had powers to make rules for carrying out the purposes of Punjab Education Foundation Act, 2004 through notification---Provincial Government had allowed the Education Foundation to engage personnels on contract basis---Punjab Education Foundation (Contract Appointment) Rules, 2006 having been sanctioned by the Provincial Government were applicable to the employees and Education Foundation---Punjab Education Foundation (Contract Appointment) Rules, 2006 had statutory status and deviation from the same could be enforced by competent Court---Petitioners being employees of Education Foundation had accepted employment on the basis of their service contract…

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