Kailash Singh vs The Managing Committee Mayo College ...

1. The Mayo College, Ajmer is an educational institution founded in 1875 by Sir Richard Southwell Bourke, the 6th Earl of Mayo, who was also the Viceroy of India from 1868 to 1872. It is one of the oldest educational institutions which was set up as a public boarding school, offering admission to the then elite. This character of the institution changed in the post-independence era, but it continued to be a prestigious centre of learning. The Mayo College is an unaided, non- governmental educational institution receiving no grant either from the State or the Central Government and is affiliated to the Central Board of Secondary Education, New Delhi, for purposes of students taking that examination to pass the 12th standard.

3. Kailash Singh began his employment as a Class IV employee on 4.1.1984 and was promoted after a decade’s service as an LDC from 1.2.1994 and posted in the Library. Jeffry Jobard began his career as an LDC itself, from 1.7.1985. The services of both Kailash Singh and Jeffry Jobard were terminated simultaneously on 9.11.2000, on account of conducts attributed to them, which created an extremely undesirable situation in the respondent school.

4. It may be appropriate to refer to the ground reality which resulted in the termination of the appellants, though it is not of great importance now in view of subsequent developments. Both the appellants, in different capacities, were associated with the activities of Mayo College Employees Union and are stated to have been instrumental in setting up the ‘Sangarsh Samiti Mayo College, Ajmer’, under the banner of which they demanded bonus. The stand of Respondent No. 1 was that such bonus was payable only as per the orders of the Government and the Board of Governors was willing to consider the same, subject to such orders being passed. The Sangarsh Samiti organised protest meetings at the gate of the Mayo 2 College on 19.10.2000 and resolved to hold a general meeting and dharna on 22.10.2000, on the issue of non-grant of bonus. Additionally, a threat was held out to go on a general strike from 23.10.2000, if their demands were not met. The Samiti, steered by the appellants, started with their movement on 20.10.2000, and on 22.10.2000, a general notice was issued to all employees, reiterating the stand of the establishment that the Board of Governors was awaiting the decision of the Government. The employees were warned that any such “movement” was totally illegal because no employees’ union had given any legal notice in that behalf, and a warning to not tolerate absenteeism on 23.10.2000 and 24.10.2000 was held out. Since the Board was awaiting the announcement by the Government, it was informed to the workers that the management would take a call on the issue on 23.10.2000, and that the workers should not indulge in any disruptive activity.

6. It is the aforesaid incidents which led to the show cause notice being issued to both the appellants on 3.11.2000 to which they replied on 6.11.2000. The appellants defended their actions by claiming that they had a right to organise 3 dharnas and protests, as a constitutional right, and that strike and sloganeering should not be stopped. The adjectives used of Murdabad, etc. are adjectives of common parlance in such agitations and cannot be said to be derogatory, and that a proper inquiry should be held qua their conduct. The non-payment of bonus was claimed to be an “administrative fanaticism”.

5 Education had to be obtained in writing. The appellants were paid three (3) months’ salary initially and subsequently the rest of the amount was deposited in their bank accounts, but the consent of the Director of Education was not obtained.

34. We are not going into the exactitude of the calculations, but, broadly speaking, the final amount payable to Jeffry Jobard, as per the impugned order, would be approximately Rs.7.75 lakhs. If the emoluments, as opined by us as aforesaid, are taken into account, for five (5) years, it would be approximately 19 Rs.9.75 lakhs. In the case of Kailash Singh, the amount as per the calculations of the Management would be approximately Rs.21 lakhs, while calculated as aforesaid would be approximately in the same range.

15 are in the context of adjudication under the Industrial Disputes Act, 1947.

26. In the conspectus of the aforesaid discussion, we now turn to the crucial issue of adequacy of compensation to be awarded to the appellants.

Supra.

17 free of charge.

31. We have no reason to find that such an aforesaid principle can be said to be fallacious or wrong, so as to call for our interference, except to the extent discussed hereafter.

32. We are firstly of the view that it would not be appropriate to determine the amount on the basis of the last pay and allowances drawn. The calculation should be based on the actual pay and allowances liable to be drawn for the years in question, dependent on the period for which this amount is to be calculated.

Supra.

37. We are, thus, inclined to modify the impugned order to the aforesaid extent, and direct the respondent-Institution to pay the aforementioned amounts within a maximum period of two (2) months from today, after adjusting the amount already paid.

38. The appellants are required to vacate the premises within a maximum period of one (1) month of the amount being so paid.

39. The appeals are accordingly allowed, leaving the parties to bear their own costs.

August 31, 2018.