JAGAT NARAYAN, J. - (1.) THIS is a plaintiff's revision application against an order of the Civil Judge, Ajmer, setting aside an award which was made in his favour. THIS order was confirmed on appeal by the learned District Judge, Ajmer.
(2.) THE material facts are these. Shri Lajpat Rai, plaintiff, was appointed a lecturer in the D. A. V. College, Ajmer, on 16 7-51. He was confirmed on 16-7-53 on 28-9-53 and an agreement was entered into between the plaintiff and the defendant incorporating the terms of his employment. THE defendant is the Arya Samaj Shiksha Sabha, Ajmer. It is a registered body, which runs the D. A. V. College, Ajmer. Para 9 of this agreement provides for termination of the services of the plaintiff on the grounds enumerated in clauses (a) to (f ). Para 11 of the agreement provides for arbitration in case of any dispute arising from the termination of services, fey a tribunal consisting of the Vice-Chancellor for the time being of the Agra University, a judicial officer not below the rank of the District Judge nominated by the Chancellor and a person (not connected with the D. A. V. College, Ajmer) nominated by the Executive Council of the Agra University. The plaintiff felt aggrieved by the order terminating his services and on his application a Tribunal was appointed in accordance with the agreement consisting of the Vice Chancellor of the Agra University, the District Judge of Agra as nominee of the Chancellor and Shri R. G. Gupta, Advocate, as nominee of the Executive Council of the Agra University. Before the above Tribunal held a sitting, it was discovered by the Chancellor of the Agra University that the D. A. V. College, Ajmer, had ceased to be affiliated to the Agra University. He accordingly sought legal opinion and was advised that the authorities of the Agra University had no jurisdiction to appoint a Tribunal to decide the dispute between the plaintiff and the defendant Under the direction of the Chancellor his Secretary wrote a letter dated 26-12-1957 to the Registrar of the Agra University embodying the above opinion. The Registrar of the Agra University thereupon sent all the papers pertaining to the case to the Registrar of the Rajasthan University for taking such action as the latter University may think fit to take. The Syndicate of the Rajasthan University thereupon passed a special resolution appointing a Tribunal to decide the dispute. This Tribunal consisted of the Vice Chancellor of the Rajasthan University, Shri L. S. Mehta, District Judge, Jaipur City as Chancellor's nominee and Shri S. S. Saxena, Director of Education, Rajasthan as the nominee of the Executive Council of the Rajasthan University. Both the parties appeared before the above Tribunal and after considering the evidence produced by them and after hearing the parties it gave an award in favour of the plaintiff. It held that none of the charges brought against the plaintiff by the defendant had been substantiated and the termination of his services was wrongful. It also held that the order terminating his services was void as the defendant had failed to get approval of the Vice Chancellor of the Agra University to the order as provided under section 25-C (2) of the Agra University Act 1926. Further it held that the order was bad as the prior approval of the Education Department was not taken in accordance with the circular letter of the Director of Education, Ajmer No. 3453 - 3562/52 dated 27-2-52. The operative part of the award runs as follows: "in the result we hold that the impugned order of the D. A. V. College management, terminating the services of Shri Agarwal, is inoperative and that Shri Agarwal should be treated as a member of the service of the D. A. V. College. Ajmer, with effect from the date of his services had been terminated and we further hold that he is entitled to recover all the arrears of his salary. " The plaintiff filed an application in the Court of Civil Judge, Ajmer, on 30-5 59 for getting the award filed in Court for passing a decree in accordance with it. This application was registered as a suit and summons was issued for the defendant for 15-7-59. On 7 7-59 Shri D D. Bhargava, Advocate, appeared before the Court on behalf of the defendant and on 6-8-59 he filed an application, in which two objections were taken against the award. One was that there was an error apparent on the face of it inasmuch as the contract embodied in the agreement was for personal service and could not be specifically enforced in view of sec. 21 of the Specific Relief Act. The other was that the Tribunal had no jurisdiction to make the award as it was not constituted in accordance with the agreement between the parties. The first objection was upheld by both the courts below. They did not go into the second objection. So far as the first objection is concerned, the ground, on which it was upheld by the courts below, is not correct. Sec 25-C (2) of the Agra University Act runs as follows : - "every decision by the management of an affiliated college, other than a college maintained by Government, to dismiss or remove from service a teacher shall be reported forthwith to the Vice Chancellor and, subject to the provisions to be made by the Statutes, shall not take effect until it has been approved by the Vice Chancellor. " On behalf of the defendant it was alleged that the approval of the Vice Chance lor to the removal of the plaintiff was taken on 31-1-1957. The letter of the Vice Chancellor indicating his approval was not produced before the Tribunal. But assuming that approval was communicated on 31-1-1957, this cannot be regarded as an approval of the decision of the management to terminate the services of the plaintiff. The Managing Committee took a decision to terminate the services of the plaintiff on 8-3-57. No approval of the Vice Chancellor taken before that date could bring into effect the decision of the Managing Committee under the provision of sec. 25-G (2) of the Agra University Act. If the D. A. V. College, Ajmer had remained affiliated to the Agra University after 8-3-57, the decision of the Managing Committee dated 8-3-57 to terminate the services of the plaintiff would not have come into effect and the order of the Tribunal holding that the plaintiff continued in the service of the D. A. V. College, Ajmer, would have been correct. In that case the plaintiff would have been entitled to reinstatement and to the arrears of salary from the date of his reinstatement. The circular letter of the Director of Education of Ajmer dated 27-2-52 had no statutory force and non-compliance with it could not make the order terminating the services of the plaintiff void. The Director of Education, Ajmer, could only have stopped the Government aid to the institution for not complying with the direction contained in it. I am however, of the opinion that the statutory safeguard, which plaintiff had under sec. 25-C (2) of the Agra University Act, no longer remained available to him when the D. A. V. College, Ajmer, ceased to remain affiliated with the Agra University. The following notification appeared in the Rajasthan Gazette dated 14-2-1957 EDUCATIOn (B) DEPARTMENT NOTIfICATIOn Jaipur, February 5, 1957 No. D. l9346/edu. /b/56.- It is hereby notified that consequent on the Reorganization of States all Degree Colleges in the Ajmer area affiliated to the University of Agra will henceforth be affiliated to the University of Rajputana. Steps for completion of necessary formalities with the two Universities have already been taken. S. P. SINGH BHANDARI Secretary to the Government.
(3.) THE D. A. V. College, Ajmer, ceased to remain affiliated to the Agra University and was affiliated to the Rajasthan University before the order dated 8 3 57 was passed by the management. THE Rajasthan University Act does not contain any provision similar to that contained in sec. 25-C (2) of the Agra University Act. The provision with regard to arbitration of any dispute between the plaintiff and the defendant contained in para 11 of the agreement was incorporated on account of mandatory direction contained in statute 6 framed under the Agra University Act which was in force when the agreement dated 28-9-53 was executed. In 1954 it was embodied in the Agra University Act by the addition of sec. 25 C (l ). Sec. 25-C (2) was added to the Agra University Act at the same time. The contention on behalf of the plaintiff is that under sec. 120 and 121 of the States Reorganization Act, 1956, he continued to remain entitled to the same safeguards after the formation of Rajasthan and after the affiliation of the D. A. V. College, Ajmer to the Rajasthan University. These sections read as follows : "120. Power to adapt laws.- For the purpose of facilitating the application of any law in relation to any of the States formed or territorially altered by the provisions of Part II, the appropriate Government may, before the expiration of one year from the appointed day, by order make such adaptation and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent Legislature or other competent authority. "explanation - In this section, the expression "appropriate Government" means - (a) as respects any law relating to a matter enumerated in the Union List, the Central Government ; and (b) as respects any other law - (i) in its application to a Part A State, the State Government, and (ii) in its application to a Part C State, the Central Government. "121. Power to construe laws - Notwithstanding that no provision or insufficient provision has been made under sec. 120 for the adoption of a laws before the appointed day, any court, tribunal or authority required or empowered to enforce such law may, for the purpose of facilitating its application in relation to any State formed or territorially altered by the provisions of Part II, construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the court, tribunal or authority. " In my opinion the above sections have no application to the present case. The D. A. V. College, Ajmer, could have continued to remain affiliated to the Agra University inspite of the merger of Ajmer with Rajasthan. The Agra University Act was not a law applying to the erstwhile State of Ajmer. It only applied to such colleges as were affiliated to the Agra University. The Rajasthan University Act also does not apply to all the colleges situated in Rajasthan. It is only applicable to such Colleges as are affiliated to the Rajasthan University. It is note-worthy that sec. 25-C (2) was added to the Agra University Act in 1954 after the plaintiff and the defendant entered into the agreement dated 28-9-53. The provision contained in the subsection became applicable when it was enacted and ceased to apply when the D. A. V. College, Ajmer, ceased to remain affiliated to the Agra University. I accordingly hold that the order of removal passed against the plaintiff by the management on 8-3-57 was not void. It was merely wrongful as held by the Tribunal. There was an error apparent on the face of the award inasmuch as it was held in it that the plaintiff continued in service. But on the finding that the removal of the plaintiff from service was wrongful, he would be entitled to damages for wrongful termination of his services. The courts below erred in dismissing the application of the plaintiff under sec. 14 and 17 of the Arbitration Act. The award should have been remitted to the Tribunal for determining what damages for wrongful dismissal should be awarded to the plaintiff. The defendant filed D. B. Civil Writ No. 213 of 1959 against the plaintiff, the members of the Tribunal and the University of Rajasthan, in which both the parties filed a number of documents. By the consent of the parties, these documents were read in evidence in this case. At page 31 of this file is a copy of a letter from the Secretary to the Government of Rajasthan in the Education Department to the Registrar of the Rajputana University dated 29-1-1957, which runs as follows : "i am directed to inform you that consequent on the integration of Ajmer Mewara in Rajasthan it will be in the fitness of things that the following four colleges of Ajmer Mewara are affiliated to the University of Rajputana with immediate effect. The terms and conditions on which these colleges have enjoyed recognition from the Agra University can be taken as the basis of recognition : 1. Government College, Ajmer. 2. D. A. V. College, Ajmer. 3. Savitri Girls College, Ajmer. 4. Government College, Beawar. "early steps may kindly be taken to do this so that the staff of these four colleges in Ajmer Mewara may enjoy the advantages of the new elections that are likely to take place in the University of Rajputana for the various University Bodies. "the question of examinations of 1957 and 1958 is left to the University of Rajputana to arrange and negotiate with the University of Agra. So far as the Government is concerned, these colleges now are affiliated to the University of Rajputana. " ;