Rakesh Tiwari, J. - (1.) Heard counsel for the parties. By this second appeal, the plaintiff appellant has challenged judgment and decree dated 1.3.2001 passed in Civil Appeal No.82 of 2000 passed by IInd Additional District Judge, Agra dismissing the appeal and confirming the judgment and decree dated 26.3.1984 passed by Munsif , Fatehabad in original suit no. 267 of 1979.
(2.) Counsel for the appellant was to argue the matter on maintainability of the second appeal today. He has fairly placed a judgment dated 15.7.2008 rendered in second appeal No.731 of 2008, Rallies India Limited and others v. Gopalji Shukla, in which the Court considered the question regarding maintainability of the second appeal by a person belonging to the category of workmen under Industrial Disputes Act, 1947.
(3.) The plaintiff appellant Ninua Nath was appointed as messenger/cash courier in Nunhai branch of State Bank of India, Agra. He was suspended pending enquiry on the ground of committing theft of Rs. 100/-. In the departmental enquiry, he was found guilty, hence his services were terminated. The appellant thereafter filed original suit no. 257 of 1979 in the court of Munsif, Agra with the prayer that he may be permitted to file the suit as an indigent person and sought the relief of declaration that he may be declared to be in service of the bank and suit be decreed for Rs. 5200.67 P. against the bank as his services had been wrongly terminated with malafide intention. The trial court dismissed the suit. Appeal filed by him against the trial court judgment and decree, was also dismissed and hence this second appeal.;