VAISH COLLEGE SOCIETY SHAMLI Vs. SRI LAKSHMI NARAIN
LAWS(ALL)-1971-12-23
HIGH COURT OF ALLAHABAD
Decided on December 03,1971

VAISH COLLEGE (SOCIETY) SHAMLI Appellant
VERSUS
LAKSHMI NARAIN Respondents


Referred Judgements :-

SALVESEN V. ADMINISTRATOR OF AUSTRIAN PROPERTY [REFERRED TO]
MANAGING COMMITTEE OF MEERUT COLLEGE V. DR. PURI [REFERRED TO]
S.N.AWASTHI V. PRESIDENT,K.A.DEGREE COLLEGE [REFERRED TO]
JOSEPH MUNDESSERY V. MANAGER,ST. THOMAS COLLEGE,TRICHUR [REFERRED TO]
S DUTT VS. UNIVERSITY OF DELHI [REFERRED TO]
STATE OF UTTAR PRADESH VS. BABU RAM UPADHYA [REFERRED TO]
S R TEWARI VS. DISTRICT BOARD AGRA NOW ANTARIM ZILA PARISHAD AGRA [REFERRED TO]
LIFE INSURANCE CORPORATION OF INDIA VS. SUNIL KUMAR MUKHERJEE [REFERRED TO]
PRABHAKAR RAMKRISHNA JODH VS. A L PANDE [REFERRED TO]
CALCUTTA DOCK LABOUR BOARD VS. JAFFAR IMAM BRINDABAN NAYAK JAMBU PATRA [REFERRED TO]
MAFATLAL NARANDAS BAROT VS. J D RATHOD DIVISIONAL CONTROLLER STATE TRANSPORT MEHSANA [REFERRED TO]
JALAN TRADING CO PRIVATE LIMITED VS. MILL MAZDOOR SABHA [REFERRED TO]
RAJASTHAN STATE ELECTRICITY BOARD JAIPUR VS. MOHAN LAL [REFERRED TO]
KOSHAN LAL TANDON KUNJ BEHARI VS. UNION OF INDIA [REFERRED TO]
PRAGA TOOLS CORPORATION VS. C A IMANUAL [REFERRED TO]
KUMARL REGINA VS. ST ALOYSIUS HIGHER ELEMENTARY SCHOOL [REFERRED TO]
EXECUTIVE COMMITTEE U P WAREHOUSING CORPORATION VS. CHANDRA KIRAN TYAGI [REFERRED TO]
RAM PAL CHATURVEDI VS. STATE OF RAJASTHAN [REFERRED TO]
BANK OF BARODA VS. JEEWAN LAL MEHROTRA [REFERRED TO]
INDIAN AIRLINES CORPORATION VS. SUKHDEO RAI [REFERRED TO]
VIDYA RAM MISRA VS. MANAGING GOMMITTEE SHRI JAI NARAIN COLLEGE [REFERRED TO]
SIRSI MUNICIPALITY VS. CEGELIA KOM FRANCIS TELLIS [REFERRED TO]
RAM BABU RATHAUR VS. DIVISIONAL MANAGER LIFE INSURANCE CORPORATION OF INDIA [REFERRED TO]
HIGH COMMISSIONER FOR INDIA VS. I M LALL [REFERRED TO]





JUDGEMENT

Asthana, J. - (1.)THE basic question, common to all these cases referred to a Full Bench, is whether the relationship between the parties was that of pure master and ser vant unregulated or uncontrolled by any statu tory provision and the servant was not en titled to the relief of injunction or1 declara tion of nullity of removal from service and his remedy lay in a suit for damages for breach of contract. Second Appeal No. 2973 of 1971
(2.)THE first case referred is Second Appeal No. 2973 of 1971 which arises out of a suit for permanent injunction to restrain the defendant-appellants from interfering with the plaintiff-respondent in the discharge of his duty as Principal including functioning as such for all intent and purposes of the Vaish Degree College, Shamli, District Muzaffarnagar, later on known as Vyparik Varg Degree College, Shamli, hereinafter re ferred to as Vaish College.
Admittedly Sri Laxmi Narain, the plaintiff-respondent, was the permanent Prin cipal of the Vaish College. He was appoint ed as such on 17-5-1964. His appointment Was duly approved by the Vice Chancellor of Agra University to which the college was then affiliated. The plaintiff-respondent joined his post with effect from 1.-7-1964. By a notice dated 24-10-1966 issued by the Manage ment the plaintiff was directed not to dis charge the functions and duties of the Prin cipal of the College and not to obstruct the functioning of Sri K. K. Kaushik as acting Principal. By a resolution dated 27-10-1966 Sri K. K. Kaushik was appointed as the Prin cipal, the Management having held that the plaintiff had abandoned the post. On 28-10-1966 the plaintiff instituted the suit for per manent injunction. While the suit was pend ing the Kanpur and Agra Meerut Univer sities Act. 1965 (U. P. Act XIII of 1965), hereinafter called the Meerut Act, was en forced with effect from 21-11-1966 and the Vaish College, Shamli. stood affiliated to the Meerut University under the said Act. On 12-3-1967 the Management passed a formal resolution terminating the services of the plain, tiff but later on clarified it by a resolution dated 29-3- 1967 terminating the services of the plaintiff as Principal with effect from 24-10-1966, as from that date according to the Management the plaintiff had absented himself from duty. The plaintiff got the plaint amended adding pleas questioning the legality and validity of the action taken by the Management subsequent to the filing of the suit. Inter alia, the plaintiff alleged that the termination of his services as confirmed Principal being in violation of the provisions of the Meerut Act and the statutes, was void and in any case the Management not having obtained the approval of the Vice-Chancellor of the Meerut University as required by the Meerut Act, the termination of the services of the plaintiff never took effect. The con testing defendants, inter alia, set up a plea that the terms and conditions of the service of the plaintiff as Principal were governed by an agreement between him and the Management and were not governed by the provisions of the Act or Statutes of the Agra University or of the Meerut Uni versity and the plaintiff was not entitled to the relief of injunction which was barred to him under the Specific Relief Act. It is not necessary to detail out all the other factual allegations of the parties averred in the plead ings as the same are not necessary for the purpose of disposing of this reference.

(3.)THE trial Court took the view that as the plaintiff had not been appointed under any written agreement of contract as envisag ed by the Statute of the Agra University, he was not entitled to the benefit of the Act and the Statutes and the fact that the resolution terminating the services of the plaintiff was not sent, up for approval of the Vice Chan cellor was, therefore, of no avail. On this main finding the suit of the plaintiff was dismissed.


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