Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rajasthan Non-Government Educational Institutions Act 1989 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rajasthan Non-Government Educational Institutions Act,1989:s.18 – Dismissal of service – By unaided non-Governmentaleducational institution (respondent) – By unanimous resolutionpassed by Board of Governors – Dismissal order challenged byappellant-employees – Education Tribunal directed reinstatementof the employees – Single Judge of High Court upheld the order ofreinstatement – Division Bench of High Court held that themanagement lost confidence in the appellant-employees, and noncomplianceof second Proviso clause (iii) to s.18 was only a technicaldefect – Relief of reinstatement was modified to compensationequalling five years salary on the basis of last pay and allowancesdrawn by them on the date of termination of service together withall retiral benefits – Appeal by the employees – Held:In the case ofprivate institution, relationship between the management and theemployees is contractual in nature – Relationship between theparties is one of contract – Conduct of the appellant-employeeshave resulted in loss of confidence – There can be no question ofreinstatement in such case – The only remedy is by determining thecompensation as there was violation of provisions of s.18 in notobtaining consent of Director of Education in writ ing –Compensation amount is enhanced. |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2018 INSC 774 |
Petitioner | Kailash Singh |
Respondent | The Managing Committee, Mayo College, Ajmer & Ors. |
SCR | [2018] 10 S.C.R. 881 |
Judgement Date | 2018-08-31 |
Case Number | 6409 |
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