VISAKHAPATNAM PORT TRUST Vs. Y APPALANAIDU

JUDGEMENT

(1.) The defendant is the appellant. The respondent-plaintiff filed the suit fora declaration that the order of removal of the plaintiff from service is illegal, and for a consequential relief of reinstatement into service together with a sum of Rs.12,500/- being the arrears of salary from 1-7-1978 till the date of the suit and lor future salaries.

(2.) The respondent-plaintiff was appointed on 7-2-1968 as Gangman in the Engineering Department of the appellant-Port Trust. After he worked for about 10 years, he was directed to undergo medical examination by an order dated 10-5-1978 along with others. He was declared medically unfit on 26-6-1978 by the appellant and his services were terminated with effect from the said date on the ground that he was suffering from pulmonary tuberculosis. In fact he had not suffered from it at any time. Therefore he approached King George Hospital, Visakhapatnam and the District Tuberculosis Control Hospital, Visakhapatnam subjecting himself for medical tests and both the hospitals issued certificates that he had not been suffering from Tuberculosis. On the Strength of the said certificates, the petitioner filed a representation to the appellant, but as no action was taken, he filed the suit.

(3.) In the written statement, the appellant while denying the material allegations contained in the plaint disputed the plea of the respondent that he was not suffering from tuberculosis. It is also asserted that the suit is not maintainable as the Civil Court has no jurisdiction; the Chairman of the appellant Port Trust cannot represent the Port Trust; the first respondent had not issued the Statutory notice ascontempla ted under Section 120of the Madras (sic. Major) Port Trusts Act, 1963 and that the suit is barred by limitation.