TAMIL NADU ELECTRICITY BOARD VELLORE Vs. A KRISHNAN

JUDGEMENT

(1.) THE above second appeal has been filed by the defendant in O.S.No.810 of 1979 on the file of the Court of the District Munsif of Vellore, North Arcot Ambedkar District. The respondent/plaintiff filed the suit for a declaration that the memo No.SEV/Adm.2/A - 4/701 -1/78 dated 26.8.1978 of the defendant and subsequent memo are void.

(2.) THE case of the plaintiff as disclosed in the plaint filed before the trial court was that the plaintiff was appointed as nominal Muster Roll Worker on 14.2.1947, that by virtue of his hard work, he was promoted as Helper on 8.8.1955, later as Assistant Wireman during 1959 and again as Wireman during July, 1970 and once again promoted as Lineman Grade -I on 15.12.1978 and that as per the memorandum of settlement dated 11.7.1969 entered into between the Tamil Nadu Electricity Board and its workmen and particularly, as per term No.9 it was mandatory on the part of the defendant Electricity Board, to abolish the category of the post of Assistant Wireman in operation subordinate service in distribution systems and the existing incumbents in that category shall be fitted into the Grade of Wireman at the next appropriate stage and as per term No. 15 of the said settlement, the settlement shall come into effect with effect from 1.4.1969 for the purpose of promotion, seniority and future increment. The further case of the plaintiff was that the defendant Board issued proceedings Ms.No.1345 dated 6.8.1969 confirming the terms of the above settlement and in spite of all these, there was delay of several years in properly implementing the terms of the settlement by making a proper fitment and placement in the seniority list of the workers for determining the future avenues of promotion. The defendant was said to have issued a memorandum No.SEV/Adm.2/A -4/Integration/R - 200/77, dated 30.4.1977 and though it benefited the plaintiff monetarily to get back the increments as arrears on the integration, the plaintiff claimed that his due seniority and promotion to the post of Wireman were denied at the appropriate point of time and all these occurred on account of the irregular

(3.) ON the above claims and counter claims, the suit came to be tried and both parties adduced oral and documentary evidence. The learned trial Judge by his judgment and decree dated 5.4.1980 dismissed the suit on the view that the plaintiff has failed to substantiate his grievance by concrete materials and prove that the juniors of the plaintiff were really promoted as alleged. In other respects, the learned trial Judge was of the view that the suit was maintainable and that the same was also not bad for non -joinder of necessary parties and no notice under section 80 of the Code of Civil Procedure need be given, the defendant being merely the Electricity Board and not the State Government.