BHINDER SINGH Vs. THE ZILA PARISHAD AND ANR.

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 04.02.2003 passed by the learned District Judge, Faridkot, whereby two appeals being Civil Appeal Nos. 19 of 2001 (Zila Parishad and Anr. v/s. Bhinder Singh) and 15 of 2001 (Bhinder Singh v/s. The Zila Parishad and Anr.), against the judgment and decree dated 31.01.2001 passed by the learned Civil Judge (Junior Division). Faridkot, have been decided.

(2.) THE appellant herein, was an employee of the Zila Parishad, Faridkot. He was appointed as Sweeper -cum -Chowkidar vide appointment' letter dated 17.05.1995. His services were dispensed with vide order dated 13.03.1996 on the ground that his work and conduct was un -satisfactory. This order came to be passed during the period of probation.

(3.) AGGRIEVED of dispensation of his services, the appellant challenged the order in Civil Suit seeking a declaration that the order dispensing with his services is illegal unjust etc. He also sought a decree for arrears of salary and other benefits. The learned trial Court framed two issues. Issue No. 1 was regarding the validity of the order of dispensing with the service of the plaintiff, whereas issue No. 2 was regarding the salary. The learned trial Court decreed the suit holding that the order of dispensing with the services of the plaintiff is illegal and punitive in nature and has been passed without affording any opportunity of hearing. Consequently, the learned trial Court decreed the suit for arrears of salary also.