Madras High Court
Primrose School vs K.Veerappan ... 1St on 2 February, 2021
W.A.Nos.1059, 1064, 1063, 1065, 1069 of 2020
1/6
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.02.2021
CORAM:
The Hon'ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE
AND
The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.A.Nos.1059, 1063 to 1065, 1069 of 2020
Primrose School,
rep. by Administrative Principal,
Principal
No.63, Gundusalai,
Oulgaret,
Puducherry ... appellant
Vs
1.K.Veerappan ... 1st respondent in
W.A.No.1059 of 2020
1.D.Moganadasse ... 1st respondent in
W.A.No.1064 of 2020
1.L.Dominic Xavier ... 1st respondent in
W.A.No.1063 of 2020
1.S.P.Singaravel ... 1st respondent in
W.A.No.1065 of 2020
1.M.Senthil Kumar ... 1st respondent in
W.A.No.1069 of 2020
2.The Director of School Education,
Government of Puducherry, Puducherry
3.The Secretary, Council for the
Indian School Certificate Examinations
Pragati House, First Floor, 47-48 Nehru Place,
New Delhi 100019 ... respondents
https://www.mhc.tn.gov.in/judis/
W.A.Nos.1059, 1064, 1063, 1065, 1069 of 2020
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Appeal filed against the order passed by this Court dated
11.03.2020 in WMP Nos.7234, 7222, 7224, 7226 and 7228 of 2020 in
W.P.Nos.6159, 6161, 6162, 6163 and 6165 of 2020
For Appellant : Mr.C.Vigneswaran
For Respondents : Mr.Ajaykumar,
for 1st respondent
Mr.Syed Mustafa,
for respondents 2 and 3
JUDGMENT
(Delivered by The Hon'ble Chief Justice)
These five appeals arise out of similar interim orders passed by
the Single Bench, in effect restraining orders of termination of service
passed by the appellant-school.
2. There is no dispute that the appellant is an unaided private
school operating in Puducherry. It also appears to be the undisputed
position that the letters of appointment given by the appellant to the
writ petitioners while confirming their appointments or inducting them
into service clearly made out that the employees had to give notice of
three months before leaving, but the employer was entitled to
terminate the services without notice, if the performance of the
https://www.mhc.tn.gov.in/judis/
W.A.Nos.1059, 1064, 1063, 1065, 1069 of 2020
employee was found to be unsatisfactory. The appellant maintains that
if such was the condition of appointment in each case, it was for the
employer to terminate the services of the employees and no restriction
could be placed on the employer in implementing its decision.
3. The respondent-writ petitioners refer to the Pondicherry
School Education Rules, 1996, framed in exercise of the powers
conferred under Section 49 of the Pondicherry School Education Act,
1987. Rule 51 of the said Rules of 1996 has been made applicable to
employees of recognized private schools, whether aided or not. The
writ petitioners contend that in the light of such rules, unaided private
schools cannot take the law into their own hands and have to adhere
to the procedure spelt out by the rules before terminating the services
of any employee.
4. This not such an open and shut case where merely because a
private unaided school has appointed an employee on contractual basis
or at its will, it must be said that the employer would be entitled to
terminate the services at any point of time without reference to
anything else. There is a set of rules staring the appellant in the face
and, in the circumstances, the impugned orders appear to be founded
https://www.mhc.tn.gov.in/judis/
W.A.Nos.1059, 1064, 1063, 1065, 1069 of 2020
on the rules applied by the Union Territory of Puducherry to unaided
but recognized schools.
5. For the reasons aforesaid, the interim orders impugned in the
appeals do not call for any interference at this stage. It is made clear
that the present order is passed without prejudice to the rights and
contentions of the parties and no inference can be drawn therefrom
that the impugned order is justified or otherwise.
6. It will be open to the parties to request the relevant Bench to
take up the matters as expeditiously as the business of such Bench
would permit. The matters would be decided by the relevant Bench
completely uninfluenced by the observations herein.
7. W.A.Nos.1059, 1064, 1063, 1065, 1069 of 2020 are disposed
of without any order as to costs. As a consequence, C.M.P.Nos.12961,
12987, 13005, 12980, 12986 of 2020 are disposed of.
(S.B., CJ.) (S.K.R., J.)
02.02.2021
Index: Yes/no
tar
https://www.mhc.tn.gov.in/judis/
W.A.Nos.1059, 1064, 1063, 1065, 1069 of 2020
To
1.The Director of School Education,
Government of Puducherry,
Puducherry
2.The Secretary, Council for the
Indian School Certificate Examinations
Pragati House, First Floor,
47-48 Nehru Place,
New Delhi 100019
https://www.mhc.tn.gov.in/judis/
W.A.Nos.1059, 1064, 1063, 1065, 1069 of 2020
The Hon'ble Chief Justice
and
Senthilkumar Ramamoorthy, J.
(tar)
W.A.Nos.1059, 1064, 1063,
1065, 1069 of 2020
02.02.2021
https://www.mhc.tn.gov.in/judis/
