CHALDEAN SYRIAN CHURCH REPRES Vs. FRANCIS

JUDGEMENT

(1.) This appeal arises out of a suit for damages for the alleged wrongful dismissal from service of the plaintiff who was employed as a teacher in the Chaldean Syrian High School at Trichur. This School is owned and managed by the Chaldean Syrian Church at Trichur. It is a public school recognised as such by the State Government and receiving grant in aid from the State. The management of the school has been and is also being regulated by such of the provisions of the Cochin Education Code as are applicable to similar grant in aid schools under private management. The 1st defendant in the case is the Manager of the School and is also the Administrator of the Chaldean Syrian Church. The Church itself has been impleaded as the 2nd defendant in the suit and is represented by its trustees who are defendants 2 to 5. The plaintiff who is a B.A. and B.T., was appointed as a permanent teacher in the Chaldean Syrian High School in the year 1103. Ext. B dated 29th Edavam 1103 is the order of appointment given to him by the manager of the school. He served the institution as a teacher till 19th Makaram 1118 (1st February 1943) on which date his services were dispensed with by the order Ext. E served on him by the Manager. This abrupt termination of his services is challenged by the plaintiff as a wrongful dismissal. The plaintiff's case is that as per the contract entered into between himself and the authorities of the school and also as per the custom and practice governing similar institutions, he was entitled to be in service till the completion of his 55th year of age and also to get the usual increments in the scale of his pay as well as his due promotions from time to time. It is also contended by him that even after the completion of 55 years of age, he could be retained in service on proof of continued good health and competency till he attains the age of 60. At the time of the termination of the plaintiff's services, his salary was in the grade of Rs. 60-70. He has stated that if he had been in service, he would have reached the grade of Rs. 90-5-110 by the time of the present suit. On the basis of such a calculation of the loss of pay sustained by the plaintiff from the date of the termination of his services upto the superannuation limit has been estimated by him at about Rs. 25,000. According to him he is entitled to get this amount by way of compensation from the school and the Church for the wrongful termination of his services. All the same he limited his claim in the suit to a sum of Rs. 10,000.

(2.) In the joint written statement filed by the defendants the plaintiffs claim for damages was resisted by them on several grounds. The more important of these grounds are the following. The plaintiff's appointment as a teacher in the Chaldean Syrian High School was not governed by any contract or any particular custom or practice entitling him to serve as a matter of right till he attains the age of 55 or 60. The school itself was started as an adjunct to the Church with the policy of giving preference to the members of the Chaldean Syrian Christian community in the matter of admission of students and appointment of teachers "with the correlative condition of continued adherence to the faith of the Church and obedience to the religious overload, as a condition for continuance either as students or as teachers at the option of the local religious overload, the Bishop". The plaintiff was appointed as a teacher as a member of the Chaldean Syrian Christian community and on the express understanding that he would faithfully abide by the rules of the Church and the Community. The plaintiff's idea to marry his deceased wife's sister was opposed to the rules of the Chaldean Syrian Church and community and the perpetration of any such act "would amount to a culpable deed." The plaintiff was therefore warned by the Church authorities to desist from the proposed marriage. He not only disregarded such advice and warnings, but also severed his connection with the Chaldean Syrian community and went over to the Roman Catholic Church. The plaintiff "having abjured his faith in the faith of the Church and become an apostate, automatically ceased to have any claim to continue in office" as a teacher in the Chaldean Syrian High School. His services were at the pleasure of the management of the school and no special reasons need exist to terminate his services. Even otherwise his conduct in having acted in defiance of the advices and warning given by the authorities concerned and of having deserted the Church, constituted sufficient reason to justify the termination of his services as a teacher in the Chaldean Syrian High School. The plaintiff's complaint that before the termination of his services no charges were framed against him nor was an opportunity given to him to explain his position, is baseless. It was not necessary to frame any such charge or to give him an opportunity to explain his conduct. The warnings and advice which had already been given to the plaintiff were by themselves sufficient to justify the action taken against him and as such it cannot be said that the defendants had acted in violation of the principles of natural justice or had committed a breach of contract of service. The plaintiff's claim for damages is totally unsustainable. The amount of compensation as estimated by him is highly exaggerated and unsustainable in law. If the plaintiff was aggrieved by the order of dismissal his remedy was to seek redress by way of appeal to the Director of Public Instruction as provided in the Education Code. Such a special tribunal having been constituted under the Education Code for finally deciding such matters, the Court has no jurisdiction to entertain the plaintiff's suit for damages. In any view of the matter, the plaintiff is not entitled to get a decree as against the Church.

(3.) The lower court repelled all these contentions and found that the plaintiff's claim in the present suit was sustainable and accordingly passed a decree in his favour. The 5th defendant, who is one of the trustees of the 2nd defendant Church, has preferred this appeal challenging the correctness of the lower court's decision.