UNITED THEOLOGICAL COLLEGE Vs. SUNNY KULATHAKKAL

JUDGEMENT

(1.) The appellant herein is the United Theological College, Bangalore, registered under the Karnataka Societies Registration Act, 1960. It has got its own Memorandum of Association, Rules and Regulations and Bye-laws, copy of which is produced at Exhibit P-1 and relied upon by both sides. The Constitution of the Society states that it shall be administered by a Council which is referred to in the suit as a "Governing Council". The Council shall meet as provided under the Memorandum of Association ('Memorandum' for short hereafter) under Clause 8, at such times and places as they shall from time to time appoint, and may make such rules and regulations as they think proper relating to the summoning and holding of meetings and for the transaction of business thereat, and they may adjourn such meetings, and from time to time fix the quorum necessary for the transaction of business, but until they shall otherwise determine seven members of the Council shall form a quorum. The Secretary of the Council has been authorised to convene a meeting of the Council by giving to each member notices referred to in Clause-9, Among other powers under Clause 14(a), it has powers to appoint, suspend, or remove the Principal of the College, the Directors of Divisions, Heads of Departments and other members of the full-time teaching staff; to define their dudes and fix their salaries and allowances. Clause 14(e) provides for appointment of an Executive Committee consisting of the President of the Council, the Principal, the Secretary, the Treasurer of the Council ex-officio and at least two members elected by the council at its annual meeting. Thus, it is one of the powers of the Council "to appoint" an Executive Committee. In short this Council appears to be the body in over-all control of the entire administration of the respondent College.

(2.) The Executive Committee under Clause 17 shall normally be convened by the Principal and shall transact alt the interim business of the Council. Four members shall constitute a quorum. The minutes of this Committee shall regularly be communicated to all the Members of the Council. Exhibit P-1 also consists of the Bye-laws of the College Council. It enumerates functions and duties of various officers including that of the Principal. He is the Executive Head of the College having responsibility for the general administration of its affairs in accordance with rules and policies laid down by the Council. He shall be responsible for implementing the decisions of the Council. In consultation with the Faculty, he shall recommend to the Council the appointment, confirmation, promotion or termination of service of teaching staff. He shall recommend to the Council the appointment, confirmation, promotion or termination of administrative staff as well. As far as his powers of appointment are concerned they are confined to the service staff alone and as such he shall appoint, confirm, promote and terminate the services of such staff. He shall submit an annual report to the Council on the total work of the College. The administrative staff under Bye-law II(a)consists of the Principal, the Bursar, The Registrar, The Director of the Development Department, The Librarian and Assistant Librarians and College Hostess.

(3.) These being some of the clauses in the Memorandum as well as Bye-laws, the respondent-plaintiff was appointed as an Associate Director of the Development Department in the College from the 1st of September, 1969. How he was appointed and by whom, is a very relevant aspect which finds place in paragraph-4 of the plaint and necessary to be reproduced herein to make the discussion hereafter clear and understandable. Paragraph-4 of the plaint says thus: