Sunil Ambwani, J. - (1.) Heard Sri Ashok Kumar Gaur learned Counsel for appellants and Sri K.S. Rathore learned Counsel for plaintiff-respondent.
(2.) The substantial questions of law raised for consideration in this Second Appeal is whether a suit to declare the order of termination of an employee of a minority educational institution as void and inoperative and for reinstatement is maintainable, in Civil Court; and whether the services of the respondent as an employee could be enforced on the institution by a decree of permanent injunction.
(3.) The facts giving rise to this Second Appeal are that the plaintiff was employed as a Chowkidar in Lourdes Convent Girls Higher Secondary School, Ghazipur defendant No. 1 of which defendant No. 2 is the Principal. He was confirmed in the service six years before the filing of the suit. The School was recognized and was paying the salary of the teachers and other employees from the grant-in-aid given to the school by the State Government and disbursed through the District Inspector of Schools. On 22.6.1974, the Principal of the school asked the plaintiff to go to Varanasi and get a paper signed for attestation. She thereafter issued instructions to him, not to visit Varanasi on that day. On 1.7.1974, the plaintiff was not allowed to sign the attendance register. On 12.7.1974 once again when the plaintiff went to join the duties, he was told that his services have been terminated, as he had resigned from service on 22.6.1974. The plaintiff stated in the plaint that the Principal and other teachers of the school wanted him to convert to Christian religion and that since he refused to do so, his services were terminated by playing fraud by getting his signature on a blank paper on 22.6.1974. He has sought the relief of a decree to declare that the document, which was got executed from him, as illegal and inoperative and to declare that the plaintiff is an employee of the college with a decree of Rs. 3,394.50 towards the arrears of salary and of Rs. 219/- per month as salary or any other amount to which he is held entitled.;