LAWS(P&H)-2012-6-70

DISTRICT MANAGER, FOOD CORPORATION OF INDIA, ROHTAK Vs. PARKASH NARAIN GOYAL THROUGH HIS LRS AND ANOTHER

Decided On June 01, 2012
DISTRICT MANAGER, FOOD CORPORATION OF INDIA, ROHTAK Appellant
V/S
PARKASH NARAIN GOYAL THROUGH HIS LRS AND ANOTHER Respondents

JUDGEMENT

(1.) Present regular second appeal has been filed by the appellant-defendant against the judgment and decree dated 12.09.1988 passed by the learned District Judge, Jind, whereby judgment and decree dated 29.03.1983 passed by the learned Senior Sub Judge, Jind has been set aside. Brief facts of the case are that plaintiff-respondent No. 1 - Parkash Narain Goyal filed a suit for declaration and permanent injunction that order dated 09.11.1978 passed by the Senior Regional Manager, Food Corporation of India, order dated 05.05.1979 passed by Zonal Manager, Food Corporation of India and order dated 08.05.1980 passed by the Managing Director are illegal, void, vague, against the facts and law. It was further prayed that the defendants may be restrained from effecting recovery from the salary of the plaintiff. The learned Trial Court dismissed the suit vide judgment and decree dated 29.03.1983. However, appeal was allowed by the learned lower Appellate Court vide impugned order dated 12.09.1988. Hence, this regular second appeal.

(2.) At the time of filing of the appeal, no substantial question of law was framed nor mentioned in the grounds of appeal. However, the following substantial questions of law have been placed on record:

(3.) I have heard learned counsel for the parties and perused the record.