ANDHRA PRADESH FLYING CLUB Vs. S C SAXENA

JUDGEMENT

(1.) Andhra Pradesh Flying Club, the defendant in the suit, is the appellant before us. The Club is established for promoting the art of flying and for training pilots. It is a Society registered under the Andhra Pradesh (Telangana Area) Public Societies Registration Act, 1350 F. Its Rules and Regulations are registered under the Act, copy of which has been placed before us. It has a Managing Committee, called "Committee" which comprises of the President and Vice-President of the Club, Station, Commander, Air-Force Station, Begumpet, and certain other officials. There is a Secretary of the Club who is the Chief Executive Officer of the Club, and whose duties inter alia are to give effect to the resolutions and carry out the directions of the Committee. The President has the administrative control over the affairs of the club. The Chief Secretary to the Government of Andhra Pradesh is the Ex-Officio President of the club. The power to appoint and dismiss the members of the staff employed by the club is vested in the Committee. The Committee is empowered to delegate its powers, except the power to appoint and dismiss its staff members, to the Executive Committee.

(2.) The plaintiff was appointed on 1/09/1969 as a pilot instructor on a probation of six months. After satisfactory completion of probation, he was confirmed with effect from 1/03/1970. In the absence of the Chief Flying Instructor he was appointed to officiate in that post. It appears, there was a quarrel between him and one Captain Neal who was also an employee of the club. in connection with which the plaintiff was suspended from service, but subsequently reinstated. In the same month, the plaintiff was served with an order, dated 28/11/1970, terminating his services. The order of termination reads as follows :

(3.) Immediately thereupon the plaintiff approached the Court and instituted O.S. No. 1099 of 1970 on the file of the IV Assistant Judges, City Civil Court, Hyderabad, wherein he filed I.A. No. 1853 of 1970 to restrain the defendant therein from giving effect to, or terminating his services. A temporary injunction was granted as prayed for. Against the order of temporary injunction, the club filed C.M.A. No. 142 of 1970, and the appellate Court suspended the operation of the, order passed by the IV Assistant Judge. On 17/02/1971, the Civil Miscellaneous Appeal was allowed and the temporary injunction vacated. Thereafter, the plaintiff filed I.A. No. 1257 of 1971 for amending the plaint, claiming damages in a sum of Rs. 3,18,000. The said sum was arrived at by calculating the total amount of salary which the plaintiff would have drawn, had he continued in service upto his 55th year, i.e., the normal period of superannuation. As a result of the amendment, the IV Assistant Judge lost jurisdiction and, therefore, returned the plaint for presentation to proper Court. The plaintiff then presented the same, in forma pauperis, which was allowed and the suit was registered as O.S. No. 149 of 1974 on the file on the Additional Chief Judge-cum-Special Judge for SPE & ACB cases, Hyderabad.