RATTAN CHAND Vs. MUNICIPAL COMMITTEE, DERA BABA NANAK

JUDGEMENT

(1.) Rattan Chand was employed as peon in Municipal Committee, Dera Baba Nanak in the year 1949. He was retired on 1.3.1980 after completion of sixty years of service. He filed Civil Suit No. 70 of 21.3.1984 against the Municipal Committee for a decree of declaration to the effect that orders bearing No. 80/68, dated 13.1988, whereby he was retired from service, was illegal.

(2.) The suit was contested by the Municipal Committee. Besides taking preliminary objections with regard to limitation res judicata and absence of territorial jurisdiction of the Civil Court at Gurdaspur, it was contended on their behalf that the plaintiff had been rightly retired at the age of sixty years. The Sub Judge IInd Class, Gurdaspur, vide his judgment and decree dated 19.2.1985, dismissed the suit of the plaintiff.

(3.) Civil Appeal No. 88 instituted on 183.1985 by the plaintiff was dismissed by Additional District Judge, Gurdaspur, vide his judgment and decree dated 27.2.1986.