NEW BHOPAL TEXTILES LTD Vs. RAMDUTT CHATURVEDI

JUDGEMENT

(1.) THREE suits out of which these three appeals arise were filed by the respondents Ramdutt Chaturvedi, Gourishankar Mathur and Gourishankar Shrivastava, respectively, in the Court of the Second Additional Subordinate Judge, Bhopal, for arrears of pay and for their reinstatement on posts from which they were dismissed by the appellant. The suits were dismissed by the trial Court by a common judgment. The respondents went up in appeals to the Additional District Judge, Bhopal, who allowed the appeals and decreed the claims. Against this judgment, the appellant (New Bhopal Textiles, Ltd. Bhopal) have filed three appeals, viz. , Second Appeals Nos. 518, 517 and 516, all of 1858. As these appeals arise out of the same judgment and common questions are involved, this judgment governs the disposal of all the three appeals.

(2.) IT is not disputed that the three respondents were in the service of the appellant drawing a salary of Rs. 100, Rs. 115 and Rs. 99-12-0 per month, respectively. They were arrested on 18 January 1950 and were detained under the Preventive Detention Act till 24 April 1950. On release, they applied to the appellant for being taken in service, but they were orally told that their services had been terminated and on 20 May 1950 a formal order terminating their services was given to them.

(3.) THE case of the respondents was that while under detention they had applied for leave to the appellant but did not hear anything from them. On release, they were entitled to be continued in service, as their tenure of office was permanent. The termination of their services by the appellant was wrongful and therefore they claimed arrears of pay till the date of filing the suits as also an order from the Court reinstating them in employment.