PUNJAB STATE COLLECTOR, GURDASPUR Vs. MUKHTIAR SINGH

JUDGEMENT

(1.) The brief facts of the case are that Mukhtiar Singh, respondent was working as Conductor in Punjab Roadways. His six increments were stopped vide various orders. The plaintiff challenged this order by filing a suit for declaration to the effect that he is entitled to regular increments in his grade w.e.f. 11.12.1978. He pleaded that the said order of stopping of increments was illegal, null and void, ineffective and mala fide. The further case of the plaintiff was that the said order was not conveyed to him.

(2.) On notice, the defendants contested the suit and raised number of preliminary objections and pleaded that the suit is barred by time and the same is not maintainable as the plaintiff was a industrial worker. It further pleaded that his increments were stopped by passing valid and legal order dated 8.7.1974, 24.1.1978 and 25.5.1981 and the same were duly communicated to the plaintiff. On the pleadings of the parties, various issues were framed. The learned trial Court, after appreciating the evidence and hearing learned Counsel for the parties, decreed the suit vide judgment dated 1.9.1982.

(3.) Aggrieved by the said order, the Punjab State filed an appeal before the learned District Judge, Gurdaspur, who vide, judgment dated 12.8.1983 dismissed the appeal with the modification that the plaintiff is entitled to re-fixation of his pay in the light of the findings even by the trial Court in its judgment and re-enforced by the decision of this Court. The learned appellate Court further directed that the defendants are hereby enjoined upon to refix the pay of the plaintiff within a period of four months from the date of order.