HYD POTTERIES LTD Vs. K VEERA SHEKAR

JUDGEMENT

(1.) This is a Second Appeal by the defendants. The respondent-plaintiff filed the suit for a declaration that the order dated 27 10-73 of the defendants terminating his services is illegal and tbat he is entitled to all the consequential benefits. The learned 8th Assistant Judge, City Civil Court, Hyderabad, dismissed the suit. On appeal by the plaintiff, the learned Additional Chief Judge, City Civil Court, Hyderabad, by his judgment dated 20th March 1978 allowed the appeal and decreed the suit of the plaintiff as prtyed for. Hence this second appeal by the defendants.

(2.) The substantial questions of law on which this second appeal was admitted are as under: S.A. No. 500/1978 Dt. 18-4-1979 (1) Whether as per the provisions of the MINES ACT, 1952 and Metalliferrous Mines Regulations 1961 the post of the Mines Manager occupied by the respondent herein is statutory in character or it is purely contractual. (2) When the appointment of the Mines Manager is obligatory, whether the relationship of the employer and the mines manager is purely one of master and servant or acquires any Statutory characteristics. (3) When the relationship between the appellant and respondent being that of a Master and Servant, there cannot be any decree directing reinstatement of the respondent as it is prohibited by Section 14 (b) of the SPECIFIC RELIEF ACT, 1963 since no contract of personal service can be enforced by a couit of law. (4) Whether the respondent is entitled to a reasonable opportunity before his services are terminated.

(3.) To appreciate the above susbtantial questions of law, it is necessary to note the relevent facts of the case in brief.