JUDGMENT :

Sanjay Kishan Kaul, J.

1. The Mayo College, Ajmer is an educational institution founded in 1875 by Sir Richard Southwell Bourke, the 6th Earl of Mayo, who was also the Viceroy of India from 1868 to 1872. It is one of the oldest educational institutions which was set up as a public boarding school, offering admission to the then elite. This character of the institution changed in the post-independence era, but it continued to be a prestigious centre of learning. The Mayo College is an unaided, nongovernmental educational institution receiving no grant either from the State or the Central Government and is affiliated to the Central Board of Secondary Education, New Delhi, for purposes of students taking that examination to pass the 12th standard.

2. The present unfortunate dispute involves the Managing Committee of the School (respondent No.1), with the Principal arrayed as the 2nd respondent. The dispute in the two Civil Appeals before us concerns two employees of this institution, who have served for a number of years, but apparently irreconcilable differences had arisen on account of the alleged conduct of the employees. The two employees are Kailash Singh (Civil Appeal No