MUKAT EDUCATIONAL TRUST AND OTHERS Vs. GURDEV SINGH

JUDGEMENT

(1.) This petition is against the order dated 04.2.2012, dismissing the application filed by the defendants/petitioners under Order 7 Rule 11 of the CPC.

(2.) Brief facts of the case are that the respondent/petitioner filed a suit No.163-T dated 20.7.2002/2007 for seeking declaration and mandatory injunction alleging that he was appointed as Director of Mukat Educational Trust w.e.f. 15.10.1998 vide order dated 11.11.1998. The appointment was initially for a period of two years, from 15.10.1998 to 14.10.2000. He was to be paid @ Rs. 7500/- per month as salary. According to the respondent, he was discharging his duty efficiently and diligently but was not paid salary for the period from 01.4.1999 to 14.10.2000. The petitioner wrote several letters dated 08.6.1999, 10.7.1999, 15.1.2000, 21.8.2000 and 16.06.2001 requesting the defendants to pay his salary for the aforesaid period but all went in vain. The petitioner had also served a legal notice dated 20.9.2001 to which it was replied that since the post has been abolished, therefore, he was not supposed to be paid any salary.

(3.) On the pleadings of the parties, the trial Court framed the following issues on 10.9.2003:-