NARPAT RAM Vs. HINDUSTAN SALT LTD

JUDGEMENT

(1.) Appellant was plaintiff in the trial Court and is being referred to as such. He filed a suit for declaration to the effect that order of dismissal dated August 6, 1981 passed by defendant No. 3 and order of compulsory retirement dated May 5, 1982 passed by defendant No. 2 is null void and inoperative. Further relief was also claimed by him of service benefits etc. As per averments made in the plaint, he was employed as a Class IV in January, 1956 by the Mining Engineer, Government of India, Salt Department, Mandi and was confirmed as such by the Deputy Salts Commissioner, Mandi. He was subsequently appointed as Lower Division Clerk by the said Deputy Salt Commissioner with Headquarter at Jaipur w.e.f. March 27, 1963.

(2.) Further case set up was that Salt Department of Government of India was disbanded and converted into company known as Hindustan Salt Ltd. (a Government of India undertaking). Mandi salt mines were also handed over to this company along with its staff. Plaintiff along with other employees was transferred to the said company. On option having been exercised by the plaintiff, his permanent lien in the Salt Department was terminated w.e.f. December 1,1967 by the Salt Commissioner of India, Jaipur and from this date he along with other employees was permanently absorbed in defendant No. 1 company.

(3.) While he was employed at Mandi, plaintiff was General Secretary of Mandi Salt Mines Employees Union. During this period, Chaman Lal Malhotra, was working as Mines Manager at Mandi. i.e. defendant No. 3. He was inimically disposed towards the plaintiff. Out of malice said Chaman Lal Malhotra started causing harassment by abuse of his administrative position. In June, 1979, plaintiffs wife fell ill and was admitted at Primary Health Centre, Ratti. He approached Sohan Lal, incharge P.H.C., Ratti to issue medical certificate to draw advance for her treatment. Requisite certificate was issued on June 8, 1979. Again certificate was obtained in August, 1980 when his wife was admitted at Civil Hospital at Sundernagar. Thus, plaintiff claims to have submitted medical treatment claim for Rs. 69.76 paise in August, 1980 being subject to scrutiny for passing of the bill. It was alleged against the plaintiff that he tampered by forging the certificate by adding the words "anticipated cost of medical treatment would be Rs. 250.00 " and "350 is recommended for treatment". It was further urged that plaintiff had unauthorisedly changed the word "Mandal" with "Sundernagar". This was done in the office medical claim application. He was charge sheeted and for that purpose, Kishori Lai, Office Superintendent was appointed as Inquiry Officer. Plaintiff further alleged that this inquiry officer was not acceptable to him as he did not expect fair trial from him. Thus he applied for change of Inquiry Officer. This prayer was declined by the authorities. After holding ex parte inquiry Inquiry Officer submitted his report. This was mechanically followed by defendant No. 3 who passed dismissal order. When this order was appealed against before defendant No. 2, he allowed the same and converted it into an order of compulsory retirement. Plaintiff was aggrieved by this order passed by defendant No. 2 and thus filed writ petition. It was dismissed in limine. After this decision, he preferred another appeal before the Board of Directors of defendant No. 1. It was also dismissed because of the earlier decision in the writ petition. He preferred S.L.P. It was also dismissed. Thus he filed the suit.