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Issues Involved:
1. Legality of the respondent's dismissal by the municipality. 2. Violation of Rule 143 by the municipality. 3. Competence of the Municipal Council to pass the resolution without proper agenda notice. 4. Applicability of the principle of specific performance in cases of wrongful dismissal. 5. Distinction between private and public employment in terms of dismissal. Detailed Analysis: 1. Legality of the Respondent's Dismissal by the Municipality: The primary issue was whether the respondent's dismissal by the appellant municipality was illegal and void. The respondent, an employee of the municipality, was dismissed by a resolution dated March 23, 1955. The respondent filed a suit seeking a declaration that the dismissal was void and that she continued to be in service, entitled to emoluments from the date of the resolution up to the date of the suit. 2. Violation of Rule 143 by the Municipality: Rule 143 of the municipality mandates that no officer or servant shall be dismissed without a reasonable opportunity to be heard in their defense. The rule also requires that any written statement be recorded and a written order specifying the charges, defense, and reasons for the order be passed. The High Court upheld the findings that the respondent was not given a reasonable opportunity to defend herself against the charge, thus violating Rule 143. The dismissal was found to be in violation of mandatory procedural requirements, making it invalid and inoperative. 3. Competence of the Municipal Council to Pass the Resolution Without Proper Agenda Notice: The respondent contended that the resolution was passed on a day when the agenda did not include the subject of her dismissal. The High Court, however, did not accept the finding that the Municipal Council was incompetent to pass the resolution due to the lack of notice on the agenda. The competence of the Municipal Council to pass the resolution depended more on compliance with Rule 143 than on the agenda notice. 4. Applicability of the Principle of Specific Performance in Cases of Wrongful Dismissal: The municipality argued that if the dismissal was wrongful, the remedy lay in damages, not in a declaratory judgment of subsistence of employment. The court distinguished between three categories of master-servant relationships: private employment governed by contract, employment under Industrial Law, and employment under statutory bodies. In cases of statutory bodies, courts have declared dismissals invalid if they violate rules of natural justice or statutory provisions. The court held that the dismissal of the respondent was ultra vires due to the violation of Rule 143, thus entitling her to a declaratory judgment. 5. Distinction Between Private and Public Employment in Terms of Dismissal: The court emphasized that the principles applicable to private employment do not apply similarly to public statutory bodies. Public employment is subject to statutory limitations and procedural requirements. The court cited several cases to support the view that dismissals by statutory bodies in breach of statutory provisions or natural justice are invalid. The court concluded that the respondent's dismissal was void due to non-compliance with Rule 143, a mandatory procedural rule. Conclusion: The Supreme Court upheld the High Court's decision declaring the respondent's dismissal illegal and void due to the violation of Rule 143. The court emphasized the distinction between private and public employment and the importance of adhering to statutory procedural requirements in dismissals by public authorities. The appeal was dismissed, and the respondent was entitled to costs.
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