LILAWATI DEVI Vs. CENTRAL COALFIELDS LTD

JUDGEMENT

(1.) This first appeal arises out of a judgment and decree dated June 7, 1979 passed by Sri Philip Topno, Additional Subordinate Judge, Giridih, in Title Suit No. 20/1 of 1976-79 whereby and whereunder the said teamed court dismissed the plaintiff's suit.

(2.) The aforementioned suit was filed by Krishna Biharilal Jaiswal, predecessor-in-interest of the present appellants and hereinafter referred to as Jaiswal, inter alia, for the following relief:- (a) That it be adjudicated and declared that the order of defendants dated October 6, 1966 dismissing the plaintiff from service is tainted with malice and is illegal and improper and ultra vires and the plaintiff be declared to be continued in service even after October 6, 1966. (b) In case the court finds that in spite of the declaration that the order dated October 6, 1966 dismissing the plaintiff from service is illegal, improper and ultra vires, but for legal difficulty the Court cannot pass orders that the plaintiff's service is continuing even after October 6, 1966, inspite of the said wrong order, or that the plaintiff be reinstated, then a decree for damages of Rs. 1,00,000 be passed in favour of the plaintiff against the defendants. (c) A decree for the costs of the suit be passed in favour of the plaintiff. (d) Any other relief or reliefs to which the plaintiff be found entitled in law and equity be given to the plaintiff.

(3.) Jaiswal was employed by N.C.D.C. Ltd., the predecessor-in-interest of the defendant company which owns a colliery commonly knows as Kathara Colliery situated within Bermo Police Station in the district of Giridih. Jaiswal was employed as a Mechanic Grade I in the year 1958. He was alloted a quarter bearing No. 112 by the respondent. The respondent allegedly lodged a false case against Sri Sadhu Sharan Jaiswal full brother of Jaiswal in the year 1962 and dismissed him from services. The said criminal case was instituted on an allegation that the aforementioned Sadhu Sharan Jaiswal committed a criminal trespass in the aforementioned quarter No. 112 which was in possession of Jaiswal.