JUDGMENT

S.C. Agrawal, J.-This appeal by special leave arises out of a suit (Civil Suit No. 337/83) filed by B.S. Aulakh, respondent No. 1 (hereinafter referred to as the plaintiff ) wherein he sought a declaration to the effect that the Resolution dated December 20, 1977 passed by the Board of Directors of the Punjab State Federation of Co-operative Sugar Mills Ltd. (for short SUGARFED ), respondent No. 2 herein, by which the plaintiff was relieved of the post of Plant Protection Officer and the said post was abolished, was invalid, illegal and without jurisdiction. In the said suit the plaintiff also claimed that he was the employee of Punjab State Co-operative Supply & Marketing Federation Ltd. (for short MARKFED ), appellant herein, and that he was only on deputation with SUGARFED.

2. The facts briefly stated are as follows:

By order dated December 12, 1972, the plaintiff was appointed as Plant Protection Expert in the MARKFED. The said appointment was on probation for a period of one year. Before the completion of the period of probation, the plaintiff was discharged from service of MARKFED by order dated June 12, 1973. The plaintiff filed an appeal against the said order of discharge with the Registrar of Cooperative Societies and during the pendency of the said appeal by order dated November 8, 1973 he was appointed on the post of Plant Protection Officer in SUGARFED. Under the said order of appointment, 50 per cent of the pay and allowances of the plaintiff were to be paid by MARKFED. The plaintiff was confirmed on the post of Plant Protection Officer in SUGARFED by order dated February 7, 1975. By order dated December 20, 1977, the post of Plant Protection Officer in SUGARFED was abolished and the services of the plaintiff were terminated. The plaintiff filed a Writ Petition (Civil Writ Petition No. 1828/77) in the High Court of Punjab & Haryana. The High Court, however, felt that the Writ Petition was highly belated and thereupon the same was withdrawn as prayed by the learned counsel for the plaintiff. On October 28, 1983, the plaintiff filed the civil suit which has given rise to this appeal. The trial court by judgment dated November 20, 1987 dismissed the said suit of the plaintiff and it was held that the suit was barred by limitation inasmuch as the impugned Resolution dated December 20, 1977 came to the knowledge of the plaintiff at least between December 28 to 30, 1977 and the suit was filed on October 28, 1983. The trial court also rejected the claim of the plaintiff that at the time of the passing of the impugned resolution he was on deputation with SUGARFED and was an employee of MARKFED. The appeal filed by the appellant against the said judgment of the trial court was, however, allowed by the Addl. District Judge, Chandigarh, by judgment dated October 11, 1991. The Addl. District Judge held that the suit was not barred by limitation on the ground that the appeal filed by the plaintiff against the resolution with regard to his claim to be an employee of MARKFED was disposed of by the Joint Registrar, Co-operative Societies by order dated September 5, 1983 and the suit was filed soon thereafter on October 3, 1983. The Addl. District Judge also found that the plaintiff was an employee of MARKFED and was on deputation with SUGARFED with effect from November 11, 1973 till December 20, 1977. In order to come to the said finding the Addl. District Judge placed reliance on the following documents :

(1) Letter (Exhibit PW 8/12) from Shri S.L. Kapur, the then Registrar, Cooperative Societies, and ex-officio Administrator of MARKFED, addressed to the Chairman, SUGARFED wherein it was stated :

"Shri Aulakh will be an employee of Marketing Federation but will work in Punjab State Federation of Co-operative Sugar Mills Ltd. till he is recalled".

(2) Letter dated May 4, 1975 (Exhibit PW 8/14) from the Establishment Officer on behalf of the Managing Director, MARKF