JORHAT LOCAL BOARD Vs. AMBIKA CHARAN SAIKIA

JUDGEMENT

(1.) THIS appeal is by the Defendant No. 1, The Jorhat Local Board, of which the Deputy Commissioner, Sibsagar, Jorhat, is at present to charge, and the Deputy Commissioner, as per petition filed by him, has been substituted in place of the Jorhat Local Board.

(2.) THE facts briefly are that the Plaintiff was the Headmaster of the Titabar Middle English School, having been appointed in 1918. He retired from service on 30 -6 -1951, but was re -employed and went out of office on 30 -9 -53. Under the rules of the Board, out of the Plaintiff's salary, he had to deposit annas two in the rupee by way of Provident Fund subscription, and one anna per rupee was to be contributed by the employer, the Local Board. The amount of the Provident Fund used to be deposited by the Board in the Post Office Savings Bank till sometime in 1946, when a part of it was transferred and deposited in the Jorhat branch of the Calcutta Commercial Bank Limited at the instance of the Chairman of the Board.

(3.) THE trial Court decreed the suit for the amount claimed, with interest at 2 per cent per annum, from the date of the decree till realisation against the Defendant No. 1, the Board, and dismissed the suit against the Defendant No. 2. On an appeal by the Defendant No. 1. the decree of the first Curt has been affirmed, and hence this appeal.