V.K. Khanna, J. - (1.) This is a Defendant's second appeal arising out of a suit filed by the Plaintiff -Respondent for declaration that the order of his removal from service was illegal and void and the Plaintiff -Respondent still continued to be in service of the Defendant -Appellants as Turner.
(2.) Brief facts for the purpose of deciding the present appeal are that admittedly the Plaintiff -Respondent was working as a Turner and was removed from service on 15.06.1965. The Plaintiff preferred statutory appeal to the higher authority which was dismissed on 25.09.1967. Thereafter the Plaintiff filed a writ petition in the High Court on 02.02.1968 which was dismissed on 12.04.1968 on the ground that the Plaintiff can file a suit.
(3.) The Plaintiff challenged his removal order on the ground that the same was illegal and void for the reasons alleged in paragraph 3 of the plaint. The aforesaid suit was contested by the Defendants on the ground that it was not cognizable by the court and the suit was barred by limitation and that the termination order had been passed in accordance with law.;