APOLLO PUBLIC SCHOOL AND OTHERS Vs. DEVINDER KAUR

JUDGEMENT

(1.) Defendants Apollo Public School and its Principal and Chairman are in second appeal.

(2.) Respondent-plaintiff Devinder Kaur filed suit against defendants/appellants for recovery of Rs.span 3,39,700.00. The plaintiff was appointed as Principal of their school by defendants for five years since Aug., 2004 on salary of Rs.span 20,000.00 per month with annual increment of Rs.span 1,000.00 per month in the salary. Plaintiff's version is that as per contract between the parties, her services could be terminated by the defendants before expiry of the period of five years by paying her salary for one year. The defendants abruptly terminated the plaintiff's services on 16.12.2005. Accordingly, the plaintiff claimed amount of salary for one year, in addition to the amount of salary for 15 days, for which she worked in the month of Dec. 2005, salary for one month in lieu of notice period and amount of Rs.span 50,000.00 as damages. Accordingly, the plaintiff sought recovery of Rs.span 3,39,700.00.

(3.) Defendants admitted that the plaintiff was appointed as Principal of the school. However, the defendants pleaded that the plaintiff intentionally created such atmosphere in the school that the defendants were forced to dispense with her services. The plaintiff created such atmosphere because she wanted to join back Budha Dal Public School, Patiala, where she was serving before joining the defendants. The plaintiff in fact joined the said Budha Dal Public School on 04.01.2006 immediately after her services were terminated by the defendants on 16.12.2005. Work and conduct of the plaintiff in the school of defendants was never satisfactory. She was warned many times to improve her work, but she failed to improve her work and conduct. It was, however, admitted that the plaintiff had been offered salary of Rs.span 20,000.00 per month with annual increment of Rs.span 1,000.00 per month in salary by the defendants. However, it was pleaded that there was no condition of paying salary for one year while terminating the plaintiff's services. Any such agreement is also void abnitio. Various other pleas were also raised.