Umeshwar Pandey, J. - (1.) Heard Sri V.K. Tewari, learned counsel for the appellants and Sri R.K. Mishra holding brief of Sri J.N. Singh, learned counsel for the respondents.
(2.) This second appeal arises out of the judgment and order dated 31.8.1990 passed by the 13th Additional District Judge, Kanpur Nagar.
(3.) The respondent-plaintiff filed a suit for declaration that the termination of his service as Assistant Electrical Engineer with the defendant-British India Corporation Ltd. i.e. 20.8.1979 is illegal and ultra-virus and he is still continuing in service. The plaintiff was in service with the defendant-appellant since 1955 and from time to time he was receiving his promotion in different capacities namely supervisor in electrical department and as Assistant Engineer (Electrical) with due increase in his salary. Lastly, he was receiving salary of Rs. 1312.50 per month. He had been awarded for commendable service during his tenure of service with the defendant. During continuance of his service, he had made certain complaints against illegal, arbitrary and highhanded action of the Technical Advisor and Chief Engineer, who were supervising his work and were appointing authorities. They were biased against him and as such, notice of termination was served by them to the plaintiff-respondent on 20.4.1979 (notice dated 13.4.1979) stating that his service was no longer required and he was seized to work by virtue of that termination notice i.e. 20.8.1979. The plaintiff also alleged agreed that the notice is defective and he was not given any opportunity to show cause for his defence. He was a workman in the defendant-company and industry within the meaning of Industrial Disputes Act (here-in-after referred to as the 'Act'). Since the services were terminated illegally and without following the provisions of law, the relief aforesaid for declaration was sought.;