ABDU Vs. APPASSI AMMA

JUDGEMENT

(1.) "I entertain no doubt on the law or justice of this case" said Best, C. J., in Beeston v. Collyer, 4 Bing 309 the Court of Common Pleas, a case in which the facts were similar to that here. I too entertain no doubt regarding the law or justice of this case. But it is urged by counsel for the appellant that the view that an employee like the plaintiff, a school teacher, is entitled to an year's notice is open to question. I must, therefore, consider this contention.

(2.) The appellant is the manager of a school called D. M. S. Pottichira and the respondent, the plaintiff, was associated with the school from 28th Mithunam 1122 though there was a break between 17th Meenom 1123 and 6th Kanni 1125. She was dismissed from service on the 30th of March 1950 and it has been concurrently found by the courts below that this dismissal is unwarranted. The courts below have held that at least one year's notice should have been given to the plaintiff & have awarded compensation on that basis.

(3.) The Travancore Cochin High Court in a ruling reported in Chaldean Syrian Church v. Francis 1954 KLT 33 , had occasion to consider a similar question and what Their Lordships observed in that judgment is apposite: