HARMESH SINGH Vs. P.R.T.C., PATIALA

JUDGEMENT

(1.) HARMESH Singh was conductor in Pepsu Road Transport Corporation Patiala (for short PRTC). He filed suit for declaration that he was entitled to claim credit for the service rendered by him from October 21, 1966 to July, 1967 in matters of salary, seniority and all other related benefits. He sought mandatory injunction directing PRTC to count the said service and give him credit towards salary, seniority and other related benefits. It was alleged to the plaint that he joined service as conductor in PRTC on October 21, 1996 and continued as such til! July, 1967. Thereafter, he was again employed as conductor in May, 1971 and since then, he has been serving in PRTC Depot No. 1 Patiala.

(2.) DEFENDANT -PRTC contested the suit of the plain - tiff, it was denied that he rendered any service from October 21, 1996 to July, 1967. He was enlisted as conductor on 20.10.1966 on monthly basis. He com -milted fraud with PRTC with the result after July 31, 1967, his service was not renewed on month to month basis. He was, however, appointed afresh as conductor on May 24, 1971, in the appointment order, terms and conditions of appointment were mentioned. On the pleadings of the parties, the following issues were framed : -

(3.) PRTC went in appeal. Vide order dated 28.3.92, Additional District Judge, Patiala allowed the appeal, set aside the judgment and decree of the learned trial Court and dismissed the suit of the plaintiff.