TATA IRON AND STEEL CO LTD Vs. ABDUL WAHAB

JUDGEMENT

(1.) These two appeals have been taken up together because they arise out of one common judgment of the trial Court, there having been two appeals, however, before the Subordinate Judge, who heard the appeals. Mr. Ali Ahmad appeared on behalf of the respondent in Second Appeal No. 671 of 1961 at one stage; but he had come and informed me that he has no further instruction from the respondent. No one appeared on behalf of the respondent in the other appeal at any stage. This judgment will govern both the appeals.

(2.) Both the appeals have been filed by the defendant, Tata Iron & Steel Co. Ltd., which will hereafter be referred to as the Tata Company. The suit, out of which they arise, was instituted by the plaintiff-respondent for a declaration that his service as an employee of the Tata Company was wrongfully terminated by the company at an age earlier than sixty years, which, according to the rules of the company, is the age of superannuation, and for damages amounting to Rs 200 for one month.

(3.) The Munsif, who tried the suit, granted the declaration prayed for by the plaintiff; but he gave a decree for damages to the extent of only Rs. 87 The plaintiff filed an appeal against the reduction in the amount of damages claimed for by him, and the defendant filed another appeal against the grant of declaration as prayed for by the plaintiff. Both the appeals were placed for disposal before the Subordinate Judge of Jamshedpur. He allowed the plaintiff's appeal, and dismissed the defendant's appeal. The result was that he decreed the plaintiff's suit in full. The defendant has filed the present appeals against the decrees prepared in the two appeals before the Subordinate Judge.