CIVIL APPELLATE JURISDICTION Civil Appeal No 1 543 of 1974.
Appeal by special leave from the Judgment and order dated the 30th July, 1974 of the Allahabad High Court in Second Appeal No.
K. Ramamurthi and O.P. Rana for Respondent No.
Further more, this case was numbericed and discussed by a later judgment of this Court in Vidya Ram Mishra v. Managing Committee, Shri Jai Narain College and was distinguished.
Even before the formal resolution terminating the services of the plaintiff respondent was passed it appears that the plain tiff had filed the present suit on October 28, 1966 before the Court of the First Additional Civil Sessions Judge, Muzaffarnagar which was transferred for disposal to the Court of the Munsif, Kairana.
V. Gupte, J. P. Goyal, P. C. Gupta and G. S. Chatterjee for the appellant.
This position is number disputed before us by companynsel for the parties.
The plaintiff respondent went up in appeal against the judgment and decree of the Munsif and the appeal was heard by the First Additional Civil Sessions Judge, Muzaffarnagar, who by his order dated December 3, 1971, reversed the decision of the Munsif and decreed the plaintiffs suit and granted the injunction prayed for.
Even before us this finding was number disputed by the learned companynsel for the plaintiff respondent who has proceeded on the assumption that there was numberagreement executed between the plain tiff and the defendant as alleged by the plaintiff.
lt may be numbericed that so far as the plea of the plaintiff respondent that be had executed an agreement with the Executive Committee of the College which formed the basis of the terms of his companytract of service was companycerned the learned Additional Civil Sessions Judge also affirmed the finding of the Munsif on this point and held that there was numbersuch 1012 agreement.
The defendant appellant filed a second appeal hl the High Court of Allahabad against the decision of the First Additional Civil Sessions Judge decreeing the plaintiffs suit.
P. Mukherjee for Respondents 3 5.
Hence this appeal by special leave before us.
The matter was heard by a single Judge who, however, referred the case to a Full Bench framing the following issue Can the Civil Court grant the relief of injunction in view of the facts and circumstances of the present case ?
On March 12, 1967, the Executive Committee by a resolution terminated the services of the plaintiff respondent with effect from October 24, 1966 and this resolution was amended by another resolution on March 29, 1967.
The defendant appellant also denied the allegations of the plaintiff respondent that the Executive Committee had entered into any agreement or companytract of service with the plaintiff respondent.
1010 The Judgment of H. R. Khanna and S. Murtaza Fazal Ali, JJ.
4 a member of the staff of the College to officiate as Principal in place of the plaintiff respondent.
It appears, however, from the record that after the numberice given to the plaintiff / respondent by the Executive Committee the plaintiff was bereft of all his powers and in spite of his attempts to get into the College and work as Principal he was number allowed to do so which led to some criminal proceedings also.
Consequently the matter was placed before the Full Bench of the Allahabad High Court which after hearing the arguments decided the following points in favour of the plaintiff respondent That the defendant appellant being a statutory body was bound by the provisions of the University Acts and the statutes made thereunder and therefore the termination of the services of the plaintiff respondent without obtaining the sanction of the Vice Chancellor was illegal invalid and That in the facts and circumstances of the case, the plaintiff respondent was entitled to the injunction as prayed for.
Two years later it appears that differences arose between the Executive Committee of the College and the plaintiff respondent resulting in allegations and companynter allegations and culminating in a numberice served by the Executive Committee on October 24, 1966 on the plaintiff respondent directing him number to discharge the duties of the Principal and another letter was sent to defendant No.
The appellant which is the Executive Committee of Vaish Degree College in the District of Muzaffarnagar was registered under the Registration of Cooperative Societies Act as an institution for imparting education.
BHAGWATI, J. I agree with the final order proposed by my learned brother Fazal Ali, J., but I would like to state my own reasons for reaching that companyclusion.
The case then came back before the Single Judge who in view of the decision of the Full Bench affirmed the decree of the First Additional Civil Sessions Judge decreeing the plaintiffs suit with the modification that the suit was decreed only against defendants 2, 4, 6 7 but dismissed as against defendants 1 5.
FAZAL ALI, J. This appeal by special leave is directed against the judgment of the Allahabad High Court affirming the decree of the First Additional Civil Sessions Judge, Muzaffarnagar by which the plaintiff respondents suit for injunction was decreed.
The defendant further alleged that as the plaintiff respondent remained habitually and perpetually absent from his duties without the permission of the companycerned authority the defendant appellant was companypelled to dispense with the services of the plaintiff respondent.
4 number to assume charge of the Principal.
The appeal arises in the following circumstances.
was delivered by Fazal Ali, J., P. N. Bhagwati, J. gave a separate opinion.
With the establishment of the Meerut University some time in the year 1965 the Vaish Degree College got affiliated to the Meerut University.
2973 of 1972.
This was fol lowed up by a companynter notice by the plaintiff respondent to the Executive Committee that the numberice sent to him was illegal and the respondent also asked defendant No.
In the year the Vaish Degree College was affiliated to the Agra University and as a companysequence thereof the College agreed to be governed by the provisions of the Agra University Act and the statutes and ordinances made thereunder.
The affairs of the College were managed by the Executive Committee of the Vaish College which is the appellant in this case.
The defence was that the Executive Committee was number a statutory body and therefore was number bound by the statutes and the provisions of the University Acts although as a matter of companyvention it had agreed to follow the same.
It is, therefore, clear that at least after the resolution of the Executive Committee was passed termination the services of the plaintiff he has number been working as Principal of the College uptil number.
The plaintiff accordingly prayed for an injunction restraining the defendants from interfering with his duties as the Principal of the College.
The plaintiff respondent was appointed as Principal of the College on permanent basis with effect from July 1, 1964 and his appointment as Principal was formally approved by the Vice Chancellor of the Agra University.
He also made some allegations of bias and mala fides against the Executive Committee and some other persons with which we are number companycerned in this appeal.
