PARVATEESAM V Vs. HINDUSTAN SHIPYARD LTD

JUDGEMENT

(1.) This is plaintiff's appeal against the judgment and decree of the learned Principal Subordinate Judge at Visakhapatnam dated 5-2-1990 dismissing his suit O.S.No. 225 of 1984 for recovery of a sum of Rs. 97, 275=08 Ps. from defendants 1 and 2 with subsequent interest at 12 per cent per annum claimed by him as due towards his salary from 1-5-1980 to 14-7-1983 etc., and for costs etc., the plaint was presented on 7-6-1984. Defendants 1 and 2 in the suit are respondents 1 and 2 respectively in this appeal.

(2.) Before entering into the area of the conflict, the undisputed facts can be stated in brief. The 1st defendant/1st respondent herein is Hindustan Shipyard Limited, a Government of India undertaking, formed in 1955. It is having its Shipyard at Visakhapatnam. The 2nd defendant/ 2nd respondent herein is a society which was formed in May, 1959 and was registered under the 'Societies Registration Act, 1860'. They are referred to hereafter as 'the Shipyard' and 'the Society' respectively. One of the objects of the society is to take over the management of the existing educational institutions as per its Memorandum of Association (Ex.A.19 is its certified copy). It took-over an elementary school started by Ramakrishna Mission for the benefit of the children of the employees in the Shipyard colony at Gandhigram. That school was upgraded as high school in 1959 and then a Junior College in 1972 and named as 'Hindustan Shipyard Junior College ('the Junior College' for short). It is located at Gandhigram in Visakhapatnam. As per the Rules and Regulations of the Society (Ex. A-19),all the shipyard employees residing in the Shipyard colony, Gandhigram having school going children or dependents interested in the schools run and managed by the Society and are desirous of joining and of taking advantage of educational organisations in the Shipyard colony, Gandhigram are entitled to become members of the Society. The President, Secretary and Treasurer and one member from the public - all nominated by the Managing Director of the Shipyard - are the members of the managing committee of the Society (among others) and "shall ipso facto become members of the society". The Secretary shall have the general control over all the affairs of the Society and he shall be responsible for the routine administration of the Society and the schools under its management." The managing committee shall have the power to appoint trained and efficient staff keeping in view the various qualifications prescribed by the Government and other public authorities and shall have the power to fine, suspend or dismiss the staff. D.W. 1 (the only witness examined on behalf of the defendants) was the Secretary-cum-Correspondent of the Society from 1-2-1980 to 24-3-1983. He states that he was working as Deputy Manager in the Personnel department of the Shipyard and ,that the Shipyard financed the Junior College for a period of five years till the State Government sanctioned grant-in-aid.

(3.) The plaintiff was originally appointed in the high school at Gandhigram run by the Society as a B.Ed, assistant in the year 1961 and he was promoted as Head Master of the School in the year 1965. After that high School was upgraded as Junior College in 1972, the post of Head Master was also upgraded and redesignated as Principal and the plaintiff thus became Principal of the Junior College at Gandhigram. As the plaintiff was a third Class M.A., initially the Government of Andhra Pradesh did not approve the appointment of the plaintiff as Principal of the Junior College and required the Correspondent to replace him by a qualified person though the managing committee of the Society strongly recommended the case of the plaintiff. After the plaintiff approached this Court by way of Writ Petition No. 680 of 1990, the State Government gave exemption to him for continuing him as Principal (D.W. 1 states this).