DAYANAND SARUP Vs. SMT. BIMLA RANI AND OTHERS

JUDGEMENT

(1.) The plaintiff-appellant was employed as Law Officer with Panni Ji Sugar and General Mills Ltd., Panni Nagar, Bulandshahr of which defendant- respondents 1 to 7 are the Proprietors and Against judgment and decree passed by Brij Iqbal Singh Shahi 2nd Addl. Dist. and S. J., Bulandshahr, D/- 28-8-1975. defendant-respondent 8 is the Official Receiver. He sued for a declaration that he was entitled to get his pay of Rs. 300/- regularly along with servant allowance and other extra benefits available to every employee of the said sugar mills, and also sued for recovery of Rs. 6,840/- said to be the salary in arrears. The trial court dismissed the principal claims made by the plaintiff in the suit but decreed the suit for the recovery of Rs. 300/- as pay for the month of February, 1967 and Rs. 270/- as servant allowance for nine months. The lower appellate court on appeal by the plaintiff decreed the suit for recovery of Rs. 944/- being the salary for the month of February, 1967 and four days of March, 1967 as also one month's pay in lieu of notice, together with the amount of Rs. 270/-.

(2.) Mr. S. N. Agarwal, learned counsel for the appellant urged that even after 4th March, 1967 the plaintiff was in service inasmuch as no written notice was ever given and even one month's salary in lieu of notice was not tendered to the plaintiff before the alleged termination of his services at any time on or before 4th March, 1967. According to the contention of Mr. S. N. Agarwal for the plaintiff-appellant his services were never terminated and he not only continued in service, he even continued to do work for the mills as would be apparent from certain documents referred to in ground 13 of the memorandum of appeal, and that the claim for arrears of salary due on the date of suit has wrongly been refused.

(3.) It is not the case of a government servant, nor does it involve any violation of any statute. Consequently the declaration prayed for by the plaintiff that he is entitled to get his regular pay, servant allowance and other extra benefits as available to each employee of the said sugar mills could not be allowed and I need not say anything more about it.