STATE OF PUNJAB Vs. SWARAN SINGH

JUDGEMENT

(1.) The appeal has been admitted without framing substantial question of law and therefore, the following substantial question is framed:-

(2.) Both the counsel who were prepared to argue the case on the formulation made and I have proceeded to hear the case.

(3.) The learned counsel for the State relies on a judgment of the Supreme Court in the State of Punjab and others Versus Gurdev Singh and Ashok Kumar,1992 AIR(SC) 111, where the Court was considering that Article 113 of the Limitation Act would be applicable in a case where an order of the State terminating an employee was null and void and that the suit should be filed within a period of three years from the date of termination. The counsel would argue that the said proposition would apply also to an order withdrawing annual increments.