MUNICIPALITY JAGADHRI Vs. VED PARKASH AGGARWAL

JUDGEMENT

(1.) The plaintiff was appointed a Pound Clerk in the Municipality, Jagadhri, in the year 1963. This appointment was confirmed by the Municipal Committee vide its resolution dated 19.5.1964. His services were governed by the Punjab Civil Service Rules. The services of the plaintiff were terminated vide order dated 4.1.1968. Relief of declaration was sought by the plaintiff inter alia contending that the order of termination was null and void, ineffective and he was entitled to account for salary and other allowances etc. from the defendant. The challenge to order was that neither show cause notice was served before terminating the services nor any sanction of the District Magistrate was taken before the termination, the principle of 'first come last go' was not observed and neither any compensation was given nor was he accommodated anywhere.

(2.) The defendant contested the suit and contended that the plaintiff was a temporary employee and the Administrator was competent to dismiss him from service. Further objection with respect to the bar of the suit under Order 2 rule 2, Civil Procedure Code (hereinafter referred to as the 'Code') was raised. The following issues were framed :

(3.) The contention raised by the respondent that he was governed by the Punjab Civil Services Rule apart from the Industrial Disputes Act has not been controverted during the argument. It is also not disputed that the provisions of Section 25F of the Industrial Disputes Act have not been complied with. Counsel for the appellant, however, contends that since no specific amount has been claimed in the suit, therefore, the same is liable to be dismissed on account of non-compliance of Order 2 rule 2 of the Code. A bare perusal of the bar contained in the provisions of Order 2 rule 2 of the code, makes it obvious that what the plaintiff is required to do is to join all the reliefs, available to him on a cause of action at the time of the suit. Order 2, rule 2 does not envisage for a specific amount, particularly when the ssme has not fallen due. However, Order 2 rule 2 does not created any bar to a suit merely on the ground that no specific amount has been claimed in the suit.