RAMSWAROOP AGARWAL Vs. POLSON LIMITED BOMBAY

JUDGEMENT

(1.) THIS is a plaintiff's appeal and is directed against an order passed by the First Additional District Judge, Bilaspur, who held that the suit instituted by the plaintiff-appellant was not triable at Bilaspur. The plaint was consequently returned by him for presentation to the proper Court.

(2.) THE only question in this appeal is whether the Additional District judge, Bilaspur had jurisdiction to entertain and decide the suit instituted by the plaintiff-appellant.

(3.) THE plaintiff was appointed by the first defendant company, Messrs. Poisons Limited, as a Laboratory Assistant at Anand (Gujrat) in September 1945 on a salary of Rs. 100 per month. According to the plaintiff, the contract of service was completed when he posted a letter accepting the appointment on 14th September 1945, at Bilaspur. I shall revert to this controversy later. The plaintiff, admittedly, joined as a Laboratory Assistant in October 1945 at Anand (Gujrat ). Thereafter, on 3rd July 1950 he was promoted to the post of Junior Assistant Superintendent on a salary of Rs. 250 per month. In that capacity he was transferred to the company's branch at Patna from 1st January 1952 in the grade of Rs. 250-20-500. The plaintiff continued in service till 3rd September 1964 at Patna, on which date his services were terminated on the ground of misconduct. The plaintiff claims that the termination of his employment was wrongful and, therefore, he is entitled to the sums detailed in paragraph 33 of the plaint which are as under : <FRM>JUDGEMENT_1053_MPLJ_1972Html1.htm</FRM> The plaintiff also claims interest on the aforesaid amount of Rs. 37,473 and thus the total amount claimed in the suit works out to Rs. 40,671. The plaintiff further claims rendition of accounts of provident fund.