The High Court Order states that costs of £41,972.28 are awarded to VHP (UK) against Awadhesh Tewari and the Court of Appeal has refused him permission to appeal.
In November 2021, despite already bringing a claim in the Employment Tribunal, Mr Tewari brought claims for defamation, breach of contract and misuse of private information and data protection in the High Court against 24 individuals, including Mr Tewari’s own brother, Avinash Tiwari.
Following a hearing in the High Court on 30 June 2022, Mr Tewari’s claim was struck-out in full by the Honourable Justice Collins Rice. Justice Collins Rice also found the following (quotes are provided directly from the High Court Judgment):
- ‘Free and frank communication within the community was the whole point of the newsletter; it provided relevant news and information, and kept the community up to date on matters of common concern. So it was the obvious channel for informing and explaining about Mr Tewari’s departure from office. It was entirely necessary for the charity to explain the removal of an employee and spiritual leader – it was their right and duty to do so, and it was the proper entitlement of the readership to receive it. Subscribers had a ‘right to know’ what was going on. The publication was not in the least ‘gratuitous’;
- In respect of the newsletter – ‘I agree it might be thought a little more personalised and vehement than strictly necessary, I cannot agree it is suggestive of dishonesty’;
3. ‘There is evidence before the ET, from those most immediately involved in establishing the facts of the reasons given for Mr Tewari’s dismissal, which is detailed, credible, and supported by contemporaneous documentation. There is nothing comparable in relation to malice’;
4.‘The twin-track approach he has embarked on is disproportionate to the justice he seeks in what is essentially an uncomplicated employment dispute’; and
5. ‘I consider Mr Tewari’s defamation claim in all these circumstances an abuse of the Court’s process because, considered alongside the parallel ET proceedings brought on the same factual history, it represents a burden on the Defendants and on the resources of the Court out of all proportion to what he could legitimately and realistically achieve that could not be achieved in the ET alone.’
In addition to this Judgment, Mr Tewari was ordered to pay the sum of £41,972.28 to VHP UK in respect of its legal costs for the High Court proceedings. At the date of this publication, Mr Tewari has failed to make payment of this sum. Mr Tewari has been served with a statutory demand in relation to the costs that are rightfully owed.
2 – In Employment Tribunal
Mr Tewari unsuccessful in attempting to obtain re-employment in Employment Tribunal proceedings
As our members and devotees will most likely be aware, our ex-priest of the VHP Ilford temple, Awadhesh Tewari, brought various claims against VHP and other members over the course of the last two years. These two years have been both emotionally and financially draining for VHP, who have also had to struggle with the after-effects of Covid-19. Now that both the High Court and Employment Tribunal proceedings have concluded, VHP UK is issuing the following statement:
In March 2021, Mr Tewari brought claims in the Employment Tribunal against the Trustees of VHP for unfair dismissal, wrongful dismissal, and breach of contract, unlawful deduction of wages, breach of statutory duty and breach of the Data Protection Act 2018. Mr Tewari’s dismissal came after he had breached various Covid-19 health & safety regulations that the trustees had put into place during the lockdowns, as per the Government Guidelines.
The Tribunal proceedings have been going on since 2021 and the claims have been defended by VHP. As most of you are aware, the Trustees of VHP are made up completely of volunteers and there is no formal legal department within the Trustees of VHP.
The final hearing in respect of the Employment proceedings were brought to a final close over the course of 8, 9, 10, 14 and 15 February 2023. When providing the Judgment, the Judge found the following:
- That VHP had acted reasonably in treating Dr Pratibha Datta as an expert in health during the Covid-19 crisis considering her medical background;
- That it was clear that Mr Tewari would question decisions that he was given in respect of Covid-19 safety measures and question the authority of decision makers;
- That Mr Tewari had strong opinions and what was and wasn’t appropriate during Covid-19 safety measures and the tone of his e-mails were unreasonably argumentative;
- That Mr Tewari’s conduct during this time could be classed as culpable or blameworthy towards his dismissal to the extend that any award given would be reduced by 40% as a result of his contributory conduct; and
- That there has been such a breakdown of the relationship between the parties that to think the parties can work together is utterly unrealistic.
We are grateful to Bhagwan Shree Ram to guide us on the path of Righteousness & Dharma throughout in the High Court case & Employment Tribunal hearing against the VHP (UK) and the Ilford Branch.
Satyamev Vijayate – Truth Triumphs, Always
(Press Release by Trustess of VHP(UK)
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This is proof that individuals in the society, even if they are priests are not above law of the land. Having read the honorable judge’s comments it is clear that malicious tactics were used to sulky our great institution, faith and wider community cohesion. The motives of the legal advisors employed by the plaintiff needs to be questioned too. One truth prevails over many lies. Well done to VHP Ilford management and trustees to achieve this milestone victory Jay Ho