DIRECTOR/DIRECTOR IN CHARGE, CENTRAL STATE FARM CORPORATION OF INDIA LIMITED AND ORS. Vs. CHANDA AND ORS.

JUDGEMENT

(1.) Present appeal is directed against the concurrent findings recorded by both the learned courts below, whereby suit for declaration filed by the plaintiffs-respondents, was partly decreed. Brief facts of the case are that suit was filed by the plaintiffs namely Chanda son of Shri Lekh Ram, Neki son of Shri Ram Chander and Hardev Singh son of Shri Arjun Singh. Since the first appeal filed by the defendants appellants had been allowed by the learned first appellate court qua Neki and Hardev Singh, facts in respect of them need not be recorded here. Chanda-plaintiff/respondent was appointed on daily wages basis in the Central State Farm Corporation, Hisar, on 1.11.1980 (Central State Farm at Hisar). Learned counsel for the appellant has clarified that Central State Farm was a unit of State Farms Corporation of India Limited now known as 'National Seeds Corporation Limited' (hereinafter referred to as defendants). Services of plaintiff were regularised w.e.f. 8.5.1997. When plaintiff was still serving with the defendants, Voluntary Retirement Scheme (for short "VRS") came to be introduced and the same was circulated vide order dated 10.3.2000. Plaintiff opted for the VRS and his option was accepted by the defendants. Accordingly, plaintiff was relieved from service on 4.4.2001. However, after his retirement from service on VRS, plaintiff served a legal notice dated 6.10.2009 on the defendants, demanding the alleged balance amount, which was admissible him after proper calculation of his retiral dues. When his claim was not accepted, plaintiff filed the suit.

(2.) Having been served in the suit, defendants filed their written statement taking more than one preliminary objections including that the suit was time barred. Claim of plaintiff was denied on merits as well.

(3.) On completion of pleadings of the parties, following issues were framed by the learned trial Court:-