TRIMBAK GOPAL PANCHABHAI Vs. AKOLA EDUCATION SOCIETY

JUDGEMENT

(1.) THIS appeal is by the plaintiff whose suit for damages for wrongful dismissal, which he placed at Rs. 700/- was decreed in the trial Court. On appeal it was held he was entitled to one month's salary in lieu of notice and the rest of the claim was dismissed. The learned Single Judge has confirmed the decision of the first appellate Court.

(2.) THE facts are as follows : The plaintiff was employed by the Akola Education society, Akola. as a teacher, and his employment was to be from 15th June 1950 to 31st March 1951. The society issued an order, which is Ex. P-l, in which It was stated that he was employed on Rs. 70/-, with the usual C. C. L. A. , with effect from 19th June 1950 till 3lst March 1951, on 29th August 1950 the President of the Education Society sent a letter to the plaintiff in which it was stated that in view of the financial situation of the school it was not possible for the management to continue his services as a teacher from 1st September 1950. In other words, two days before his services were to be terminated he was told that he would not be required from 1st September 1950.

(3.) IT is an admitted fact that the plaintiff tried to obtain other employment but failed, and it has been accepted by the learned Single Judge that he did everything to mitigate the damages. Indeed, the learned Single Judge has stated that if the dismissal was wrongful the plaintiff would be entitled to the salary claimed by him.