C SABABATHY Vs. SALEM STEEL PLANT

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree, dated 24. 11. 1993, made in A. S. No. 24 of 1993, on the file of the first Additional district Court, Salem, reversing the judgment and decree, dated 11. 11. 1992, made in O. S. No. 1606 of 1987, on the file of the Additional District Munsif Court, salem.

(2.) THE plaintiff in the suit in O. S. No. 1606 of 1987 is the appellant in the present second appeal. The defendants in the suit are the respondents herein. The plaintiff had filed the suit, in O. S. No. 1606 of 1987, praying for a declaration to declare that the resignation of the plaintiff was not voluntary and that it is illegal and for a mandatory injunction directing the defendants to reinstate the plaintiff in service, with retrospective effect and for costs.

(3.) THE plaintiff had stated that he was an officer under the defendant management. He was working as an Assistant Manager, Electrical, in the Salem steel Plant, having joined in service, on 1. 1. 1979, as a Junior Manager. Thereafter, on 1. 1. 1983, he was promoted as an Assistant Manager. Even though the plaintiff was due for a promotion some of the executives of the first defendant were given promotion, overlooking the claim of the plaintiff. On enquiry, the plaintiff had been informed that the cut off date for eligibility for promotion had been fixed as 30. 12. 1985. Whereas the plaintiff had become eligible only on 1. 1. 1986.