HARYANA TANNERIES LTD AND ANOTHER Vs. MEWA SINGH

JUDGEMENT

(1.) Present appeal, at the hands of the defendants, is directed against the concurrent findings of fact recorded by both the learned courts below whereby suit for declaration filed by the plaintiff-respondent, was decreed by the trial court setting aside the dismissal order and first appeal of defendants was partly accepted to the limited extent indicated in the impugned judgment.

(2.) Brief facts of the case, as noticed by the learned first appellate Court in para-1 of the impugned judgment, are that plaintiff Mewa Singh, a permanent and confirmed employee of Haryana Tanneries Ltd. Jind who had joined the service of defendants on 10.2.1976, was served with a charge sheet and he brought civil suit No.260 of 1983 challenging the enquiry report and show cause notice and also his removal order dated 28.2.1983 which was passed during pendency of the suit. Such removal order was challenged by amendment of the plaint vide judgment dated 11.10.1984 passed by the then Senior Sub Judge, Jind the order dated 28.2.1983 was held null and void because it has been passed even before the time granted to the plaintiff for submitting his representation had expired. However, defendants were at liberty to pass any order after considering the representation made by the plaintiff on 3.3.1983 during enquiry. Copy of judgment is Ex.P1. Subsequently the defendants again passed an order on 31.10.1984 terminating the services of the plaintiff purporting to consider the representation dated 3.3.1983 but by passing a non-speaking order and without discussing the grounds for ignoring such reply or representation.

(3.) The plaintiff challenged that order in the civil court on 19.1.1985. Defendants filed their written statement but thereafter they expressed their desire to reinstate the plaintiff and even to promote him on the basis of seniority-cum-merit but on the condition that plaintiff withdrew his suit. The plaintiff withdrew that civil suit on 25.3.1985 in the hope that defendants would honour the private amicable settlement and would reinstate him and would also give him his promotion. One more suit of the plaintiff for recovery of pay and allowances during the period of suspension from 29.10.1985 till the date of termination of his services was also pending and that suit was also withdrawn on 25.3.1985 on an understanding given by defendant No.2 i.e. Managing Director of the Tanneries that payment shall be made to him shortly. Vide order dated 14.3.1985 the then Managing Director Shri Samir Mathur reinstated the plaintiff from the date of suspension i.e. 29.10.1982 and plaintiff was promoted as Purchase Asstt.