Judgment

DESAI, J.:- How technical plea of want of jurisdiction has pushed a petty employee from pillar to post since April 1964 and pilloried him with cost presumably unbearable by him, is shockingly demonstrated in this case.

2. First respondent joined service as a petty employee in Cane Development Department of the U. P. State Government somewhere in 1949. On the formation of the U. P. Co-operative Cane Union Federation Ltd. (hereinafter referred to as the first appellant), services of the first respondent stood transferred and were put at the disposal of the appellant and he was styled as Supervisor. At the relevant time he was rendering service under the second appellant, District Co-operative Sugarcane Development Society Ltd. (now designated as Zila Sahkari Ganna Vikas Samiti Ltd.) Budayun, a federating unit of the first appellant and was in charge of manure godown. He was suspended from service with effect from October 18, 1958. A prosecution was launched against him for embezzlement of funds of the second appellant in that he failed to account for 2931/2 bags of amonium sulphate entrusted to him as keeper of manure godown. The case ultimately resulted in the acquittal of th