PUNJAB STATE ELECTRICITY BOARD Vs. AMARJIT SINGH

JUDGEMENT

(1.) THIS revision is directed against the order dated 12th February, 1998 passed by the learned Additional District Judge, Amritsar. Along with the revision counsel for the petitioner-Board has filed an application under section 5 of the Limitation Act for condonation of 104 days' delay in filing the present revision.

(2.) AMARJIT Singh had filed a suit for declaration to the effect that he was entitled to have ad hoc service counted towards seniority on his regularisation of service. As the defendants were not granting benefits to the plaintiff of the ad hoc service rendered by him prior to his regularisation as Lineman, he filed the said suit. The services of the plaintiff as Lineman were regularised on 9.6.1978. There was challenge to the senior framed by the Board. Resultantly, the suit was contested by the defendant raising objection with regard to the maintainability of the suit and it was argued that ad hoc service cannot be counted for giving temporary promotion in the event of any junior person is promoted. Some circular in support thereof issued by the Board was placed by the petitioner herein and it was stated that the plaintiff cannot be granted benefit of seniority.

(3.) LEARNED first appellate court, vide its judgement, dated 12.2.1998, found that the Board had failed to show any sufficient cause for condoning the delay in filing the appeal. The learned first appellate court after framing the issue and granting the opportunities to the parties to lead evidence under section 5 of the Limitation Act, dismissed the same. Resultantly, appeal was also dismissed.