AHIR COLLEGE SOCIETY Vs. M C RANDER

JUDGEMENT

(1.) Nobody has given the appearance on behalf of the respondents. Proceeded ex-parte.

(2.) This is a second appeal against the judgment dated 23rd January, 1985 passed by Additional District Judge, Narnaul who while endorsing the view of the trial Court that the suit of the plaintiffs was not maintainable in the present form also gave the following opinions:-

(3.) The brief facts of the case are that M.C. Rander and nine others filed a suit for declaration to the effect that they are in service of the defendants and are entitled to all the emoluments and allowances as per law and that the order passed by the Principal on 16th July, 1979 is illegal and has no effect on the rights of the plaintiffs with the prayer for perpetual injunction requiring the defendants to let the plaintiff work as per their posts of Lecturers. The suit was contested by the defendants and the preliminary objection was raised that the suit of the plaintiffs was not legally maintainable. Several issues were framed and issue No. 6 to the above effect was treated as preliminary. The trial Court vide judgment dated 16th December, 1981 decided issue No. 6 against the plaintiffs and in favour of the management and dismissed the suit by holding that it is not maintainable in the present form. Aggrieved by the judgment and decree of the trial Court, the unsuccessful plaintiffs filed the appeal before the Court of Additional District Judge, Narnaul who did not think proper to interfere in the impugned judgment. Its legality was maintained by, holding that the suit of the plaintiffs was not maintainable but certain observations were made by the learned Additional District Judge, Narnaul, quoted above. Aggrieved by those observations, the management has come in the present appeal which I am disposing of with the assistance rendered by the learned counsel for the appellant.