VIRUDHUNAGAR SARVODAYA SANGH VIRUDHUNAGAR Vs. S SATHIYATHINAKARAN

JUDGEMENT

(1.) THE defendant in O.S.No.106 of 1992, on the file of the Additional District Munsifs Court, Sattur, is the revision petitioner. THE defendant is an Institution known as Virudhunagar Sarvodaya Sangh. It is aggrieved by the order of the Court below in I.A. No.1582 of 1993 filed by it. By virtue of the order, the court below has held that it has jurisdiction to deal with the matter, and that there is no statutory bar in proceeding with the suit.

(2.) THE relevant facts are as follows: THE plaintiff is an employee of the defendant-Sangh. THEre was some departmental proceeding against him, and on the basis of some enquiry, the plaintiff was suspended as per order dated 28.2.1992. THE plaintiff in the suit challenges the order of suspension on the grounds that the enquiry officer who conducted the enquiry has violated the principles of natural justice, that a copy of the enquiry report was not furnished to him, and the proceedings are vitiated for various reasons mentioned in the plaint. On the date of suit, the plaintiff was under suspension. THE reliefs sought for in the plaint are: (a) for declaring that the order of suspension dated 28.2.1992 from service, of the plaintiff, is illegal, null and void, (b) for directing the defendant to pay the sum of Rs.1,355.90 due to be paid to the plaintiff by way of pay for the period from 1.3.1992 to 31.3.1992, and (c) for further reliefs regarding costs of suit.

(3.) AFTER written statement was filed, the defendant filed I.A. No.1582 of 1993 to determine the question of jurisdiction as a preliminary issue. The same was objected by the plaintiff.