AHMEDABAD EDUCATION SOCIETY Vs. GILBERT B SHAH

JUDGEMENT

(1.) Both these appeals raise common questions and have. therefore, been argued together. Appellant of Civil Appeal No. 1871 of 1985 and appellant No. I of Civil Appeal No. 2140 of 1985 is a public trust registered under the provisions of the Bombay Public Trusts Act. 1950 and is running educational institutions in the city of Ahmedabad.

(2.) The respondent of Civil Appeal No. 1871 of 1985 is the original plaintiff of Civil Suit No. 5182 of 1984, which was filed by him in the City Civil Court. Ahmedabad against the appellant and two others, for a declaration that he continued in service of the appellant, Ahmedabad Education Society, as the Principal of the H. K. Primary Practising School, till he attained the age of 60 years, which was to be on 31-12-1986 and a direction on the appellant-defendant to pay compensation to him in terms of the emoluments that he would have received, had he served in the primary school till 31-12-1986 and for other incidental reliefs.

(3.) The respondent No. 1 of F. A. No. 2140 of 1985 is the original plaintiff of Civil Suit No.. 2001 of 1983. It appears that in thai suit. by application, Exh. 5. the present respondent Nos. 2 to 19 had prayed that they should be permitted to join as parties or to intervene in the matter, and by order dated 3-8-1983, since the other side had no objection, they were allowed to be joined as plaintiffs, as their interest was similar to the interest of the original plaintiffs. In that suit. the plaintiffs prayed for a declaration that the plaintiff Nos. 1 and 9 continued to be in service. that their services cannot be terminated on the ground that they had attained the age of 58 years, and further that they were entitled to continue in service till they attained 60 years of age as well as for a direction on the present appellant to pay compensation to them to the extent of the emoluments that would have been received or be receivable by them had they served in the primary school till they attained the age of 60 years and to give all consequential or incidental benefits.