(1.) -Heard Sri S. M. Ali, Advocate, holding brief of Sri R. K. Nigam, learned counsel for the appellants and Sri Mohd. Isa Khan, counsel for the respondents.
(2.) THE instant second appeal arises out of the judgment dated 3.8.1989 and decree dated 17.8.1989, passed by the IInd Additional District Judge, Jhansi, allowing the appeal and setting aside the judgment and order of injunction granted by IVth Additional Munsif, Jhansi, in Original Suit No. 656 of 1985.
(3.) FACTS giving rise to the dispute are that Ashok Kumar and 12 others including the appellants filed a suit in the Court of Munsif, Jhansi, against Cantonment Board claiming relief of permanent injunction restraining the respondents to retrench the plaintiffs from Cantonment Board where they were discharging duties as labourers and peons since the last two years. The plaintiff's allegation according to the plaint is that their appointment was made for performing duties relating to realization of toll tax and octroi at the barrier of the Cantonment Board. The plaintiffs claimed that they had all along discharged their duties diligently and honestly and to the satisfaction of the employer. Their work such as sanitation, carrying the job of scavenger etc. was also taken from them though it was not within the scope of their specific duties.
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