SURENDER SINGH Vs. THE REPUBLIC OF INDONESIA

JUDGEMENT

(1.) CM No. 35149/2017(Exemption) Exemption allowed subject to just exceptions. CM stands disposed of. CM No. 35151/2017(delay in filing the appeal) For the reasons stated in the application, delay in filing the appeal is condoned. CM stands disposed of. RFA No. 819/2017 & CM No. 35150/2017 (stay) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the judgment of the trial court dated 28.2.2017 by which the trial court decreed the suit filed by the appellant/plaintiff for a sum of Rs. 32 lakhs only for a sum of Rs. 2,94,720/- with interest.

(2.) The facts of the case are that the appellant/plaintiff was appointed as an Electrician with the Indonesian Embassy, respondent/defendant. Appellant/plaintiff pleads that he was appointed as a permanent employee to the post of Electrician on 22.6.1998 and also got promotion as an Electrical Supervisor on 13.1.2011. It was pleaded by the appellant/plaintiff that he had completed 15 years of service till his unlawful termination by a verbal order. Appellant/plaintiff therefore filed the suit seeking relief of reinstatement, damages of Rs. 25 lakhs etc. The relief clauses of the plaint read as under:-

(3.) It is seen that the trial court by the impugned judgment has granted the relief to the appellant/plaintiff of payment of 15 months salary on account of 15 years service, with each months salary for each year of service being granted as gratuity. Last drawn salary the appellant/plaintiff was Rs. 19,648/- per month and accordingly multiplying this figure to the figure of 15 months, the suit was hence decreed for Rs. 2,94,720/- along with interest at 9% from the date of filing of the suit till its realization.