D C M LIMITED Vs. MAHABIR SINGH RANA

JUDGEMENT

(1.) The present appeal is filed by the appellants against the judgment and decree dated 9.9.1996 passed by the learned Additional District Judge, decreeing the suit for declaration, mandatory injunction and recovery of damages/compensation of Rs. 99,500/- filed by the respondent/employee against the appellants/management.

(2.) The facts of the case are largely undisputed. The respondent was working in the mill of the appellants/management since 17.7.1952. He initially joined as a Weaving Apprentice and was promoted from time to time. At the time relevant for the purposes of present appeal, the respondent/employee was working as an Assistant Weaving Master with the appellants/management. Though there is no dispute about the fact that the age of superannuation of the respondent/employee was 58 years, as per him, he would have attained the age of 58 years on 15.7.1930, whereas as per the appellants/management, the respondent/employee would have attained the age of 58 years on 1.12.1928. It is undisputed that the last salary drawn by the respondent/employee was Rs. 1,750/-, besides conveyance and other benefits.

(3.) As per the averments made in the plaint by the respondent/employee (plaintiff in the trial court), the cause of action for instituting the aforesaid suit arose on 27.9.1984, when the appellants/management terminated his services. The aforesaid action of the appellants/management was stated to be illegal and arbitrary on the ground that it was in breach of the terms of the contract and the termination order was issued without giving three months' notice to the respondent/employee or paying him the salary in lieu of notice, in advance. As the appellants/management refused to pay to the respondent/employee his dues, as demanded by him in his letter dated 3.10.1984 reiterated in the legal notice dated 31.12.1984, the respondent/employee instituted the aforesaid suit in the trial Court on 22.03.1985.