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Issues Involved:
1. Legality of termination of the plaintiff's employment. 2. Entitlement to reinstatement and declaration of continued employment. 3. Assessment and awarding of damages for wrongful termination. Issue-wise Detailed Analysis: 1. Legality of Termination of the Plaintiff's Employment: The plaintiff, a permanent teacher, claimed his services were terminated illegally, unjustly, and arbitrarily. The management contended that the plaintiff voluntarily left on 30th September 1959, and the service register entry supported this. However, the plaintiff argued that his signature was obtained fraudulently for an increment entry, and the termination entry was a subsequent interpolation. The courts found that the management had indeed committed fraud by altering the service register behind the plaintiff's back. The courts concluded that the plaintiff was wrongfully dismissed, as evidenced by his immediate appeal to the District Educational Officer and subsequent actions. The courts affirmed that the termination was illegal and non est due to the fraudulent conduct of the management. 2. Entitlement to Reinstatement and Declaration of Continued Employment: The plaintiff sought a declaration that he continued as an assistant teacher and for reinstatement. The courts below granted this relief, but the appellate court examined whether such remedies were permissible under contractual employment. The court highlighted that specific performance of a contract of personal service is generally not enforceable unless governed by statutory obligations, which was not the case here. The relationship between the plaintiff and the management was purely contractual, and no statutory or constitutional service guarantee applied. The court cited precedents indicating that wrongful termination in contractual employment typically entitles the aggrieved party to damages rather than reinstatement. Therefore, the court concluded that the plaintiff could not be granted a declaration of continued employment or reinstatement, as it would amount to specific enforcement of a contract of service. 3. Assessment and Awarding of Damages for Wrongful Termination: The plaintiff was awarded Rs. 1,472 as damages for the period from 1st October 1959 to 1st June 1961. The management argued that the plaintiff should only be entitled to three months' salary. However, the court considered the fraudulent manner of termination, the delay in returning the plaintiff's service register, and the difficulty in finding alternative employment. The court applied principles from established case law, which consider the usual rate of wages, the time lost before obtaining similar employment, and any exceptional circumstances. The court found the awarded sum reasonable and in line with legal principles for assessing damages in wrongful dismissal cases. Thus, the money decree was confirmed as damages for wrongful termination. Conclusion: The court allowed the second appeal partially, confirming the Rs. 1,472 awarded as damages but deleting the declarations of continued employment and reinstatement. The court emphasized that the plaintiff's remedy lay in damages due to the wrongful termination of his contractual employment. The plaintiff was also awarded full costs throughout due to the management's disreputable conduct.
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