UNION OF INDIA Vs. DINA NATH

JUDGEMENT

(1.) This second appeal by the Union of India is directed against the order dated August 28, 1969 of the Additional District Judge, Delhi, who held that the respondents suit for arrears of pay wag within time and accepting the respondents appeal I remanded the suit back to the trial court for decision on merits.

(2.) The respondent was employed as Labour Supervisor on June 28, 1943 in the C. 0. D., Delhi at Rs 3.00 per day. He was reclassified as Leading Hand in the year 1945 in the scale of 97-4-121. In April, 1947 there was a general strike in which the respondent took part from April 12, 1947 to April 21, 1947. This period was treated by the Government as break in service, although the respondent otherwise continued to remain in service In 1954, the respondent was transferred to the Ammunition Depot, Gurgaon, and his salary was provisionally restricted to Rs. 101.00 per month till the final determination of the question relating to the condonation in the aforesaid break in service. On January 18, 1958 the Government, by a general order, condoned the break in service where it did not exceed six days. As the respondents' break exceeded six days he did not get any benefit as a result of this order, The matter, however, continued to be pressed by the employees,but before any final decision could be taken, the respondent became 55 years of age and was retired on June 23, 1958

(3.) On January 8. 1960 the Government decided to condone break in service for period exceeding six days but not exceeding 90 days. The respondent claimed the benefit of this decision and made several approaches to the Government for the purpose of having his pay-refixed in accordance with the said decision and for the payment of arrears of difference in salary calculated in this way. He ultimately, filed the suit on August 27, 1903 for arrears of difference in pay which became payable to him under the aforesaid decision of the Government condoning the break in service. The respondent claimed such arrears from 1954 to 1958.