STATE OF PUNJAB Vs. DEWARKA DASS

JUDGEMENT

(1.) THIS regular second appeal has been filed by the Defendant against the judgment and decree of the Senior Subordinate Judge, Chandigarh, dated June 29, 1972.

(2.) BRIEFLY , the case of the Plaintiff was that he was appointed as an upholster in the Punjab Roadways in 1968. His services were terminated vide order dated March 21, 1969, with effect from March 20, 1969, by the General Manager, Punjab Roadways, without giving him any show cause notice in contravention of the provisions of Article ill of the Constitution of India. He, it is stated, had completed continuous service of more than 240 days on the date when his services were terminated. The Plaintiff challenged the order of termination on the ground that after he had completed 240 days of service, he had become a permanent employee and his services could not be terminated in a summary manner.

(3.) THE trial Court held that it was within the jurisdiction of the Labour Court to adjudicate upon the propriety and legality of the order passed by the Defendant and, therefore, the Plaintiff could not institute the suit in the civil Court. It also held that the services of the Plaintiff had been discontinued according to the conditions of his employment. Consequently, it dismissed the suit of the Plaintiff. He went up in appeal before the Senior Subordinate Judge. Chandigarh, who reversed the judgment and decree of the trial Court and held that the services of the Plaintiff had been terminated illegally and that his removal was not in accordance with the Civil Services Rules. Consequently, he accepted the appeal and decreed the suit of the Plaintiff. The state of Punjab has come up in second appeal against the judgment and decree of the Senior Subordinate Judge to this Court.