MOHAN LAL Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) THIS Regular First Appeal was admitted to Division Bench, -vide order dated 27th May, 1987 as an objection was taken regarding its maintainability in View of the provisions of Section 29 -A of the Administrative Tribunals Act, 1985.

(2.) MOHAN Lal was employed as Mechanist in the Ordnance Cable Factory, Industrial Area, Chandigarh. He applied for leave for the period August 2, 1976 to October 31, 1976 with permission to go abroad. He could not return after expiry of the leave and he had applied for its extension. In the meantime, charge -sheet was issued to him on January 19, 1976. It was followed by ex parte enquiry and order dated December 31, 1976, -vide which he was removed from service. He filed the present suit on April 3, 1984 claiming recovery of wages amounting to Rs. 25,000 for the period of 3 years prior to the filing of the suit. The suit was contested by the Defendant -Union of India inter alia on the grounds that the same was barred by time and was bad for misjoinder of causes of action. The order terminating the services of the Plaintiff was legal and valid and thus the Plaintiff was not entitled to arrears of salary of Rs. 25,000. The following issues were framed on the pleadings aforesaid:

(3.) WHETHER the Plaintiff is entitled to recover Rs. 25,000 as arrears of salary ? OPP,