MADAN GOPAL Vs. SOUTH EASTERN COALFIELDS LTD.

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dt. 5.2.94 in Civil Suit No. 20 -A/92 by Additional District Judge, Manendragarh, District Sarguja, whereby the plaintiff/appellant's suit for declaration that he is in service of respondent No. 1 from 1.11.83 and is entitled to full pay and other facilities in that capacity, has been dismissed.

(2.) THE allegations of the plaintiff were that the defendant/respondent No.1 is a registered Company having its head office of Chirmiri Zone at Malviya Nagar. The defendant/respondents No.2 & 3 are his officers. It has also been alleged that the plaintiff/appellant had applied in the year 1983 for being appointed as labourer and he was after the formalities of interview duly selected and his name appeared in the list of successful candidates. The list was published on 22.10.1983 however, the plaintiff/appellant was not given employment despite his efforts and oral and written requests made by him. Therefore, he has filed the present suit.

(3.) THE learned counsel for respondent/defendant has urged that the refusal of appointment was much earlier. It was also intimated to the plaintiff/appel1ant in the year 1984. Therefore, the cause of action cannot be said to have accrued in the month of November 1989 and the said letter sent to the appellant by the defendant/respondents was only in confirmation of the decision taken and intimated much earlier. Therefore, the .said letter cannot give rise to cause of action.