P S KAICKER Vs. UNION OF INDIA

JUDGEMENT

(1.) These are two connected revisions (Nos. 492-D and 493-D of 1959) filed by defendants against the order of the learned Subordinate Judge, Delhi, dated 26th October, 1959, allowing amendment of the plaints under Order VI rule 17 of the Code of Civil procedure in two connected suits arising out o? the same facts brought by the Union of India against the defendants.

(2.) The facts out of which the dispute arose need not be stated in detail but only broad outline need be given because that would be sufficient to give an idea about the nature of the allegations contained in the original plaint and the effect of the amendment sought. According to the plaintiff, P. S. Kaicker s/o Din Dayal Kaic-ker was appointed a special class apprentice for a period of six years from 2nd September, 1946, on terms and conditions which were reduced to writing in an agreement signed and executed by and on behalf of the plaintiff, defendant P. S. Kaicker and his father Din Dayal Kaicker on 13th of November, 1948. According to this agreement, on which the plaintiff specifically relied in the plaint, the plaintiff was to make payments to P. S. Kaicker including stipends, pay in the shape of dearness allowance, travelling allowance, school over-head charges and for certain other amenities, paragraph 1 of the plaint also states that p. S. Kaicker had to be given training by the plaintiff in India and in the United Kingdom according to the terms o? the said agreement and on completion of the training he was bound, if the plaintiff so desired, to serve the Indian Govt. Railways in the Mechanical and Transport (power) Dept. for three years and so on. In paragraph 2 of the plaint, it is stated that in March, 1951, P. S. Kaicker asked for being transferred to the East Punjab Railway against his original choice, but before the decision of the Government rejecting this request could be communicated to him, he took leave and after the expiry of the period of leave he did not resume duty. On or about 17th of May, 1951, so proceeds the plaint, P. S. Kaicker wrote to the Government that he was forced to stay away from his duty and that he was not reporting back for duty. In spite of letter, dated 19th February, 1.952, sent to P. S. Kaicker by the Mechanical Engineer, Central Railway, advising him that his action in not reporting back for duty would amount to his having terminated his apprenticeship without the written consent of the Government, he (P. S. Kaicker) did not resume duty. This conduct, according to the plaint, amounted to termination of his apprenticeship by P. S. Kaicker without the written consent of the Government. Reference is next made in the plaint to clause 18 of the above mentioned agreement dated 13th November, 1948, tinder which P. S. Kaicker's father. Din Dayal Kaicker, is bound in such circumstances to refund to the plaintiff the amount of stipends and pay amounting to Rs. 8,568/11/-.

(3.) This, in substance and essence is the nature of the suit filed against P. S. Kaicker. A similar suit relying on these facts was also filed against Pin Dayal Kaickejr and, as already observed, in these two suits applications for amendment were favourably disposed of by the impugned order.