PANIPAT COOPERATIVE SUGAR MILLS LTD Vs. SUSHILA HOODA

JUDGEMENT

(1.) THE Panipat Cooperative Sugar Mills Ltd. the appellant herein had only taken technical points with a view to thwart the rightful claim of the plaintiff who successfully maintained a suit challenging the order of her dismissal from service. Concededly no departmental proceedings were conducted and yet extreme order of dismissal from service was passed. In view of this Court the first appellate Court was absolutely right and justified in decreeing the suit of the plaintiff with all consequential reliefs. It may be mentioned here that whereas the trial Court invalidated the order of dismissal of the plaintiff from service, it did not allow her to have back wages. To that extent the order passed by the trial Judge was reversed by the first appellate Court.

(2.) SHRI Goel, however, contends that considerable correspondence has been made between the parlies with regard to plaintiff not joining her duties and she took her own time to join the duties. That being so, there was no necessity to hold any enquiry against the plaintiff. It has further been argued that a suit for re-instatementin service after setting aside the order of dismissal was not competent and only a suit for damages could have been filed. In any case civil Court was not competent to grant back wages, further contends the contentions of Shri C. B. Goel the learned Counsel for the appellant. White dealing with the first contention it will be seen that the first appellate Court, after appraisal of the evidence, returned a finding of fact that