VidhiSangh

Supreme Court of India · 31/08/2018

KAILASH SINGH versus THE MANAGING COMMITTEE, MAYO COLLEGE, AJMER & ORS.

[2018] 10 S.C.R. 881 · 2018 INSC 774

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Summary

The Supreme Court refused reinstatement of two employees of unaided Mayo College but increased their compensation for unlawful termination to all-inclusive sums of Rs 25 lakhs and Rs 18 lakhs. The management had failed to obtain the written consent required by Section 18’s second proviso. Given the contractual relationship, loss of confidence and absence of industrial adjudication, damages rather than reinstatement or full future salary were appropriate.

Issues

  1. Whether the statutory defect in termination required reinstatement of employees of the private unaided college.
  2. How damages should be assessed, including the relevance of industrial-law back-wage principles and future salary.

Provisions considered

Held

Result

Appeals allowed to enhance compensation: Rs 25 lakhs to Kailash Singh and Rs 18 lakhs to Jeffry Jobard, all-inclusive and less Rs 5 lakhs each already paid. Balance payable in two months; premises to be vacated within one month thereafter. No reinstatement or costs.

Judgment PDF: Supreme Court of India, [2018] 10 S.C.R. 881.