- (1.) This appeal is at the instance of a plaintiff in a suit for declaration and injunction and is directed against order dated July 2, 2008 passed by a learned Single Judge of this Court thereby rejecting the plaint on the ground that the averments made in the plaint did not disclose any cause of action.
(2.) Being dissatisfied, the plaintiff has come up with the present appeal.
(3.) The appellant, as the General Secretary of ANZ Grindlays Bank Retired Management Staff Pensioners Association, filed a suit being C.S. 198 of 2006 thereby praying for the following relief: The plaintiff prays for Leave under Order 1 Rule 8, Code of Civil Procedure to sue the Defendant Bank for himself and on behalf of and for the benefit of the said other members of the said ANZ Grindlays Bank Retired Management Staff Pensioners's Association, all being interested herein and represented by the Plaintiff and claims; (a) Declaration that the Plaintiff and all the members of the said ANZ Grindlays Bank Retired Management Staff Pensioners's Association are entitled to a periodical review of the rate of pension payable to the Plaintiff and to all persons represented by him herein on the basis of rise or fall of the price index; (b) Declaration that the Plaintiff and all the members of the said ANZ Grindlays Bank Retired Management Staff Pensioners's Association, are lawfully entitled to recover and the Defendant Bank is liable to pay the Plaintiff and to all such persons represented by him herein pension at such increased monthly rate as may be found proportionate and/or commensurate to their cost of living index; (c) An enquiry into the quantum of the monthly rate of pension that may be found lawfully due and payable by the Defendant Bank to the Plaintiff and such other persons represented by him and to each of them in addition to their present monthly pension and a decree for the amount to be found so due: (d) Mandatory Injunction commanding and/or directing the Defendant Bank to pay the Plaintiff and all such other persons represented by him on whose behalf and for the benefit of whom the Defendant Bank is sued herein such sums as may be found due upon such enquiry; (e) Permanent Injunction restraining the Defendant Bank from introducing or enforcing any rules of regulations as may prevent or interfere with the payment and recovery of such sums as may be found due upon such enquiry to the Plaintiff and to the said other persons so interested herein; (f) Permanent Injunction restraining the Defendant Bank from taking any step and introducing any measure contrary to or inconsistent with the payment of their present pension; (g) Interest; (h) Interest upon Judgment; (i) Receiver; (j) Attachment before Judgment; (k) Costs; (l) Further and other reliefs.;