- (1.) By the Court The Nagar Nigam Kota, the appellant, is aggrieved by the judgment dated 28.3.2007 passed by the Additional Civil Judge (Jr. Division) No.1 South Kota, whereby the learned Magistrate had decreed the suit in favour of the respondent-plaintiffs. The appellant is also aggrieved by the judgment and decree dated 5.8.2010 passed by Additional District Judge No.2, Kota, whereby the learned Judge has confirmed the judgment and decree dated 28.3.2007, and has dismissed the Regular First Appeal filed by the appellant.
(2.) The brief facts of the case are that the respondent-plaintiffs (hereinafter referred to as 'the respondent') preferred a civil suit for declaration, and permanent injunction against the appellant before the learned Magistrate. According to the respondent, all of them were working on the post of LDC under the appellant. They were declared as permanent employees. However, while some other employees were declared as permanent after passing of six months from the date of their appointment in compliance of an award dated 18.3.2007 passed by Industrial Tribunal, Kota and in compliance of judgment dated 20.11.1991 passed by this Court, the respondent also claimed that the pay scale of the permanent employee should also be granted to them from the date they were made permanent. Thus, they also prayed that not only the regular pay scale should be applied to them, but even the arrears and consequential benefits should be given to them. The appellant filed their written-statement and denied the averments made in the plaint. Consequently, three issues were framed by the learned Trial Court. In order to buttress their case, the respondent examined two witnesses and submitted eight documents. On the other hand, the appellant also examined two witnesses, but did not submit any document. After going through the oral and the documentary evidence, by judgment and decree dated 28.3.2007 the learned Trial Court decreed the suit in favour of the respondent.
(3.) Since the appellant were aggrieved by the said judgment and decree, they filed a Regular First Appeal before the learned Judge. However, by judgment and decree dated 5.8.2010, the learned Judge dismissed the appeal, and confirmed the judgment and decree dated 28.3.2007. Hence this second appeal before this Court.;