ORISSA ROAD TRANSPORT COMPANY Vs. SACHIDANANDA KANUNGO

JUDGEMENT

(1.) THE defendants are the petitioners in this revision against the order, dated 19.8.1980 of the Munsif, First Court, Cuttack, passed in T. S. No. 53 of 1977 deciding issue No. 6 in favour of the plaintiff by holding that the Civil Court has jurisdiction to try the suit.

(2.) THE plaintiff's case is that he was appointed in the office of the Managing Director of defendant No. 1 at Cuttack on 3.6.1960 as Lower Division Assistant and was subsequently promoted to Gr. II Assistant since 8. 9. 1964. In accordance with Resolution No. 31 dated 22.9.1962 of the Board of Directors of defendant No. 1, the post of Gr. II Assistant in the office of defendant No. 2 which was then at Cuttack was declared permanent and consequently the plaintiff was declared to be a permanent employee in the said post with effect from 8.9.1965. The plaintiff has further alleged that he had been working in the said post to the satisfaction of the authority concerned all through. In normal course, the plaintiff was to be promoted to the post of Gr. I Assistant, and thereafter to higher posts. According to the plaintiff, the claim of the plaintiff as also other employees in the office of defendant No. 2 at Cuttack was ignored and a post of Junior Head Assistant in the office of defendant No. 2 was created and filled up by the management on 24.1.1972. The plaintiff having objected to the said illegal appointment, defendant No. 2 passed an illegal order of suspension against the plaintiff on 18.2.1970 for which the plaintiff filed T. S. No. 9 of 1972 against defendant No. 2. Defendant No. 2 after receipt of the summons in the suit, issued an illegal order on 24.2.1972 abolishing the post of Gr. II Asst. held by the plaintiff. It is alleged that defendant No. 2 had no jurisdiction to abolish a permanent post and to pass the aforesaid ' order without a resolution of the Board to that effect. The said order of defendant No. 2 dated 24. 2. 1972 is annexed to the plaint as Annexure -I. Defendant No. 2 by his order dated 7.3.1972 directed the plaintiff to be relieved from his duties on 7.3.1972 (afternoon) and directed him to join in the office of the General Manager as Senior Clerk Gr. II which is a separate establishment having its office at Berhampur. It is urged by the plaintiff that his service conditions as also the benefits to which he was entitled to in his former post stood altered to his prejudice by the aforesaid order dated 7.3.1972 which is annexed to the plaint as Annexure II. According, to the case of the plaintiff, the orders in Annexures -I and II of the plaint passed by defendant No. 2 are mala fide, motivated, ultra vires and beyond the power and jurisdiction, of defendant No. 2. The said orders are also challenged on the ground that the same are not in accordance with the provisions of law and in violation of the principles of natural justice. The plaintiff in this suit has prayed for a declaration that the orders given in Annexures -I and II passed by defendant No. 2 are without jurisdiction, invalid, inoperative, mala fide, contrary to law and ultra vires which do not bind the plaintiff. Some other reliefs were also prayed for which stood deleted at the instances of the plaintiff by order dated 24.4.1979 passed in the suit.

(3.) THE defendants filed an application on 20.4.1978 for determination of issue No. 6 as a preliminary issue. The said prayer was opposed by the plaintiff. The trial Court rejected the prayer to take up issue No. 6 for determination as a preliminary issue against which the defendants came up in C.R. No. 439 of 1978. On 5.12.1978 this Court allowed the revision and directed the trial Court to try issue No. 6 as a preliminary issue. The trial Court having taken up issue No. 6 as a preliminary issue held that the suit is maintainable and the Civil Court has got jurisdiction to try the suit. The said order of the trial Court is impugned in this revision.