NORTH EASTERN RAILWAY AND OTHERS Vs. DURGA PRASAD

JUDGEMENT

(1.) This is a defendant's second appeal in a suit filed by the respondent claiming to be a permanent employee of the North Eastern Railway. The allegations made in the plaint was that the plaintiff was posted as Hospital Attendant under the D. M. O., N.E.R., Izzatnagar, Bareilly since 16-11-1954. The D. M. O, illegally entrusted him the work of cleaning the domestic utensils and being Vaish by caste be could not do this and requested and submitted representations to the C.M.O. Gorakhpur bringing to the notice that the duties of the Hospital Attendant were only to attend on patients, nurses and doctors. It is said that he was required to proceed on leave and he went on one month's leave in November, 1963. He again wanted to extend the leave but the same was refused. He then wanted to join the duties but he was not allowed to resume the work. The plaintiff alleges to have given various applications to the authorities concerned for redress of grievances but to no effect. Later on he was given a charge-sheet and some major penalties have been inflicted on the plaintiff. In para 7 of the plaint it is stated that the plaintiff is neither suspended nor dismissed but he was not being paid salaries. On these allegations the plaintiff had filed the suit for a decree for Rs. 500 for torturing and for Rs. 1719 for arrears of salary and also for a direction that the defendants be asked to give work to the plaintiff.

(2.) Allegations in the plaint were refuted in the written statement and it was alleged that the plaintiff himself did not resume his duties; that he was not entitled to any amount by way of salary and that the suit was barred under Section 22 of the Payment of Wages Act and Sectoin 34 of the Specific Relief Act.

(3.) The trial court dismissed the suit but the lower appellate court has allowed the appeal and has decreed the suit. for the plaintiff. It is against this decision that the North Eastern Railway has come up in Second Appeal before this Courtt.