Mool Chand Kharati Ram Hospital Karamchari Union v. Mool Chand Kharati Ram Hospital, (SC) BS193607
SUPREME COURT OF INDIA

Before:-S. Rajendra Babu and S.N. Variava, JJ.

Civil Appeal No. 683 of 1997. D/d. 14.11.2000.

Shri Mool Chand Kharati Ram Hospital Karamchari Union - Appellant

Versus

Mool Chand Kharati Ram Hospital & Anr. - Respondents

Service Law - Termination of Services

ORDER

A Writ Petition was filed in the High Court by the appellant in relation to termination of services of Captain Gesodha and Shri Darshan Lal Mamgai. That Writ Petition came up for hearing before a Bench of two Judges who dismissed the same summarily without indicating as to the reasons why they are not giving relief sought for by the petitioners in that writ petition or otherwise. This appeal is directed against that order. On the face of it, it is clear that there was no consideration of the matter by the High Court and, therefore, we have no option but to set aside the order made by the High Court on 14.3.1995 and remit it for fresh consideration. At this stage the learned Counsel for the respondents submits that the High Court obviously dismissed the Writ Petition as it was not maintainable against a private institution. However, it is unnecessary to examine the correctness of the contention raised on behalf of the respondents and it would be appropriate for him to raise this contention before the High Court when the matter is taken up for hearing. The order made by the High Court is accordingly set aside and the matter is remitted to the High Court for fresh consideration in accordance with law. Considering the fact that the matter is pending for a long time, it would be appropriate for the High Court to dispose of the same as expeditiously as possible. The appeal is allowed accordingly.

Appeal allowed accordingly