HAFIZ MOHD NABI JAN Vs. TATA IRON AND STEEL CO LTD

JUDGEMENT

(1.) Plaintiff is appellant. He filed the suit challenging the order of termination of his service as a Headmaster of Sijua Middle School in the district of Dhanbad on the ground, inter alia that the order was passed in violation of Rule 45 of the Bihar Primary and Middle Education Rules, 1961 (the Rules) framed under the Bihar Local Self-Government Act, 1885.

(2.) According to the appellant, he was initially appointed on 12-2-1941 as an Assistant Teacher in Malker Lower Primary School owned by respondent 1. On 1-3-1957 he was promoted as Headmaster. On 1-11-1970 he was transferred to Sijua as Headmaster. While working as such, respondent 1 terminated the service of the appellant with effect from 1-5-1971 by letter dated 26th/ 28th April, 1971 (Ext. 1/a). The appellant filed a writ application challenging that order but the same was permitted to be withdrawn with the observation that the appellant might file a suit for appropriate relief. The appellant thereafter filed the suit challenging Ext. 1/a, inter alia, on the ground that it was in violation of Rule 45 of the Rules. According to the appellant, the school was receiving grant-in-aid from the State Government and, therefore, Ext. 1/a issued by respondent 1 was without jurisdiction.

(3.) A joint written statement was filed on behalf of respondents 1 and 2, (defendants 1 and 2). In the written statement, inter alia, it was pleaded that it was wholly owned, managed and financed by respondent 1. The teachers of the school were within the disciplinary control of respondent 1 only and therefore, it had power to terminate the service of appellant. Plea was also taken with regard to bar of Section 14 of the Specific Relief Act (the S.R. Act) inasmuch as, according to them, the suit was by it servant for enforcement of contract of personal service and, therefore, not enforcement of plea was also taken about maintainability of the suit on the ground of limitation in as much as the suit was filed more than 3 years from the date of termination of service of the appellant.