LAWS(HPH)-2011-8-126

DADH COOPERATIVE AGRICULTURE SERVICES SOCIETY Vs. KISHORE CHAND

Decided On August 18, 2011
Dadh Cooperative Agriculture Services Society Appellant
V/S
KISHORE CHAND Respondents

JUDGEMENT

(1.) This is the defendant Dadh Cooperative Agriculture Service Societys appeal against the judgment and decree of the two Courts below declaring that the respondent/plaintiff is the Secretary of the Society and that the order of dismissal dated 15.2.1987 passed by the defendant and order dated 30.1.1989 terminating the services of the respondent passed by the Administrator of the Society is illegal, a decree for mandatory injunction directing this respondent to pay all outstanding salary and benefits w.e.f. 15.2.1987 with all consequential benefits. The suit of the plaintiff was decreed as prayed for.

(2.) The defendant appealed which was dismissed. Before adverting to the question of law raised herein, I must notice the facts as accepted and proved on record.

(3.) The plaintiff instituted the suit on the allegations that he was appointed as Secretary of the defendant society on 1.3.1985 and that his services were terminated vide resolution dated 15.2.1987. He pleads that termination was without any reason etc. whereas the defendant has stated that it was for misappropriation of funds.