Prem Chand Jain, J. - (1.) Dwarka Dass has filed this appeal under clause X of the Letters Patent against the judgment and decree of a learned Single Judge of this Court, by which the appeal of the State of Punjab (R S.A. No. 1503 of 1972) was allowed. Although detailed facts have been given in the judgment of the learned Single Judge, but in order to decide the controversy raised before us. certain salient features of the case may be noticed which read as under :
(2.) Dwarka Dass appellant was appointed as an Upholster in the Punjab Roadways in the year 1968. According to the averments made in the plaint, his services were terminated vide order dated March 21, 1969 with effect from March 20, 1969, by the General Manager, Punjab Roadways without giving him any show cause notice and in contravention of the provisions of Art. 311 of the Constitution of India. The plaintiff challenged the order of termination on the ground that he had completed 240 days of service, he had become a permanent employee and his services could not be terminated in a summary manner. The suit was contested by the State of Punjab inter alia on the ground that the impugned order was not an order of termination but it was an order simpliciter of discontinuance, in accordance with The terms and conditions of appointment, that the order was in accordance with the Civil Services Rules and that the plaintiff had not completed 240 days of service.
(3.) The trial Court dismissed the suit on the ground that civil Court had no jurisdiction to entertain the suit. On appeal, the judgment and decree of the trial Court was set aside and the suit was decreed with costs. In second appeal, the learned Single Judge reversed the judgment and decree of the first appellate Court and held that the civil Court had no jurisdiction to try the suit. It was further ordered that the plaint be returned to the plaintiff As earlier observed, the present appeal under clause X of Letters Patent has been filed by the plaintiff against the judgment and decree of the learned Single Judge of this Court.;