LAWS(BOM)-1985-12-18

HINDUSTANI PRACHAR SABHA Vs. ROMA SENGUPTA

Decided On December 04, 1985
HINDUSTANI PRACHAR SABHA Appellant
V/S
ROMA SENGUPTA Respondents

JUDGEMENT

(1.) The 1st petitioner is a charitable trust which carried on, inter alia, research in languages. The 1st respondent was its Research Officer (Hindi) at the Mahatma Gandhi Memorial Research Centre and Library between 1st April 1976 and 23rd April 1981.

(2.) On 3rd April 1981 the Managing Committee of the 1st petitioner met, considered and reviewed the working of the Research Centre and its organisation. The minutes of that meeting are on record and show that the 3rd petitioner, the Honorary Secretary of the 1st petitioner, commenced the discussion with the statement that the Research Centre was not functioning effectively. After some discussion the Managing Committee unanimously resolved that reorganisation of the Research Centre was necessary. It was resolved, under the item "Reorganization of Research Centre", that the 1st petitioner's magazine 'Hindustani Zaban' should be suspended forthwith and the advisability of publishing it as an annual should be reviewed after the reorganization of the Research Centre. Under the same item it was also resolved thus:

(3.) On 22nd April 1981 the 3rd petitioner wrote to the 1st respondent recording that at the Managing Committee's meeting it had been decided to reorganize the research activities of the Research Centre and, in view of this, to suspend its activities. In the light of this decision the 1st respondent's services were not required from 23rd April 1981. The letter noted that the 1st petitioner was required to give to the 1st respondent one month's notice in lieu of which it would be paying an amount equivalent to one month's gross salary. After thanking her for the services she had rendered the 1st respondent was asked to contact the 1st petitioner's office for settlement of her dues.