MARY ASSOCIATES Vs. K.V. PADMALALITHA

JUDGEMENT

(1.) THIS is an appeal filed by the Defendant in O.S. No. 77 of 1994 on the file of the learned Small Causes and Additional Civil Judge, Mysore, decreeing the suit filed by the Plaintiff/Respondent.

(2.) THE brief facts of the case as found from the pleadings of the parties and the impugned judgment are as follows:

(3.) THE Appellant/Defendant filed the written statement contending that the Defendant -school is started and run by MARY's Association a registered society and the school caters to the educational needs of the backward people. The school is run without the aid from the Government and no donation is collected by the school. That the school also charges very nominal fees to the students. While denying the averment made by the Plaintiff, it is the case of the Defendant that the Plaintiff was appointed as an Assistant Mistress in the year 1969 on a salary of Rs. 340/ - and 800/ - and her appointment was approved by the Education Department in 1982. That the Defendant has been paying the contractual salary to the Plaintiff and since the school caters to the need of the poor and no grant -in -aid is received, the Defendant was not able to pay the Government salary to its teaching staff. That the Plaintiff was trying to impose a new pay structure by filing the suit. That she can claim only the contractual salary. That the suit is filed with a view to circumvent the law which does not allow the Plaintiff to do what is prohibited by law. That the suit is not maintainable. That the salary bills have been prepared every month and the Plaintiff herself refused to receive the salary. That there is no cause of action and sought for dismissal of the suit.