P.B.Mukharji, J. - (1.) This is a plaintiff's appeal from the judgment and decree of S. K. Dutta, J. dismissing the plaintiff's suit with costs on the ground of limitation under Article 115 of the Limitation Act.
(2.) The plaintiff sued two defendants the first is the Indian Airlines Corporation and the second defendant is Bharat Commerce and Industries Limited. The claim in the plaint is for damages for wrongful dismissal. The plaintiff claims salary from November 1952 to 6th February 1956 at the rate of Rs. 16840-0 per month including dearness allowance amounting to Rs. 6611-5-0 and other benefits of service including air passage amounting to Rupees 5001 and travelling allowances amounting to Rs. 1502. The total claim of the plaintiff is for Rs. 13,114-5-0.
(3.) The actual reliefs claimed by the plaintiff are interesting. His claim is for a declaration that the order contained in the letter dated 2nd January 1953 terminating the plaintiff's service to be null and void, illegal, wrongful and a nullity with no effect. The second relief is for an order that the order contained in the letter of the 2nd January 1953 be annulled and set aside. The third relief is for a declaration that the plaintiff's service was not terminated. The next part of the relief claimed is for a declaration that the plaintiff has become, as from the appointed date under Section 16 of the Air Corporations Act, 1953, an employee of the Indian Airlines Corporation. Series of alternative prayers are made. The first is for Rs. 1,55,442 from the defendant corporation or from the defendant company as damages for wrongful dismissal, in addition to the said sum of Rupees 13,114-5-0. Incidental reliefs regarding Provident Fund money, injunction etc. are also claimed.;