RAJIV SHARMA,J. - (1.) HEARD Sri K.S. Pawar, learned counsel for the appellants and Sri A.R. Khan, learned counsel for the respondent.
(2.) THIS second appeal has been filed under Section 100 of Code of Civil Procedure against the judgment and decree dated 19.8.1983 passed in Civil Appeal No. 295 of 1981 by the Ist Additional District and Sessions Judge, Lakhimpur Kheri. The instant appeal has been filed by framing seven grounds but this Court, vide order dated 28.10.1983, admitted this second appeal only on the ground nos. 2, 3 and 6, as is evident from the order-sheet. The ground nos. 2, 3 and 6 read as under : "2. That there being relationship of master and servant, the respondent cannot compel the appellants to keep him in service and pay even when his work was not satisfactory, the learned lower appellate Court erred legally in taking contrary view. 3.That the respondent being a seasonal Clerk of a Cooperative Society, was neither a Govt. servant nor was there any order of Labour and Industrial Court in his favour nor had any statutory protection, could only claim damages for his dismissal if the same was wrongful, but could not claim continuity of employment, the learned lower appellate court erred in taking view contrary to the above settled view. 6.That the learned lower appellate Court granted a declaration in favour of the respondent which he could not legally claim."
(3.) BRIEF facts, giving rise to the instant second appeal, are that respondent-Jagmohal Lal Verma entered in employment as Cyclist under Arnikhana Cooperative Cane Development Union, district Lakhimpur Kheri. Subsequently, looking into his work and conduct, he was promoted to the post of Seasonal Clerk and was employed in all the seasons and was classified in Category 'A' upto the crushing season 1977-78 but the Special Secretary of the said Cane Union by abuse of his powers started making unwarranted imputations and allegations against the respondent and called for explanations from time to time in violation of rules and ultimately, he was not allowed to join the duty in the next crushing season i.e. 1978-1979.;