SHRIKRISHNA ANNAJI SONATAKE Vs. RAMNARAYAN PANNALAL LATHI

JUDGEMENT

(1.) This second appeal is filed by original plaintiff against the appellate decree passed against respondent No. 4 Trust, respondent Nos. 1 to 3 are the trustees of the Trust-respondent No. 4, though they are not described as such.

(2.) The plaintiff had filed a suit against the Trust initially in the Court of the Joint Civil Judge, Junior Division, Jalgaon, being Regular Civil Suit No. 618 of 1972 impleading the Trust as the first defendant and defendants Nos. 2 to 11 as original trustees. The suit was filed to recover an amount of Rs. 2,322/- with further interest and costs. The case of the plaintiff was that the first defendant is Public Trust and he was the employee of this Trust working as a teacher in one of the High Schools conducted by the Trust. The plaintiff was appointed as the Head Master for academic year 1969-70 on monthly pay of Rs. 200/- as the basis pay and permitted dearness allowance. The total salary of the plaintiff was Rs. 327/- per month. It was the case of the plaintiff that he was appointed on June 11, 1969 for a period of one year i.e., from June 11, 1966 to June 10, 1970.

(3.) It appears that the schooled was closed within that time after appointment and the defendants did not pay the plaintiff the agreed amount of salary, and therefore, the plaintiff was required to file a suit for recovery of his pay. The plaintiff had, therefore, filed an earlier suit, being Regular Civil Suit No. 529 of 1969 to recover his salary and it appears that suit related to the first six months of academic year 1969 70. That suit came to be decreed and the decree in that suit is on record which shows that the plaintiffs claim to the extent of six months period was decreed on the basis that the defendant-Trust committed breach of contract.