MOOKAN OUSEPH THOMAKUTTY Vs. THOMAS AND ORS.

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. Defendant 1 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 Defendant 2 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. Exhibit 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 (11 -2 -1943) on which date his services were dispensed with by the order Ex. E served on him by the Manager. This abrupt termination of his services is challenged by the Plaintiff as a wrongful dismissal.

(2.) IN a joint written statement filed by the Defendants the Plaintiff's 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 overlord, as a condition for continuance either as students or as teachers at the option of the local religious overlord, 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".

(3.) THE objection raised by Defendant -Appellant 5 as to the maintainability of the Plaintiff's suit may be examined at the outset. Admittedly the Plaintiff was employed as a teacher in the English High School owned and managed by Defendant 2 Church. Even though the school is a public school, recognised as such and receiving grant -in -aid from the State, it is not a Government institution under the management of the State, but is only a private institution. It follows, therefore, that the Plaintiff's service as a teacher in this particular school could in no sense be deemed to be public service under the Crown. Naturally therefore the law governing the tenure of service of such public servants as well as their rights incidental to and arising out of such service, cannot be made applicable to the tenure of service under private institutions. The ordinary law of Master and Servant, as modified by; particular customs or terms of the contract or agreement, if any, has to govern the rights and; liabilities arising out of the latter class of services.