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2001 Supreme(SC) 168

B.N.AGARWAL, G.B.PATTANAIK
Pepsu Road Transport Corporation – Appellant
Versus
Lachhman Dass Gupta – Respondent


(1) THE defendant is the appellant against the judgment of the High Court of Punjab and Haryana in RSA No. 3287 of 1996. When the case was called, there was none on behalf of the appellant. We, therefore, have perused the relevant judgment and orders with the assistance of the learned counsel appearing for the respondent.

(2) THE plaintiff had filed a suit for declaration that the order of termination is vitiated and null and void on several grounds including the ground that no due opportunity having been given to the plaintiff to defend his case in course of the enquiry, there has been a gross violation of the principles of natural justice. The defendant filed the written statement denying the allegations made in the plaint. On the basis of the pleadings the learned Trial Judge framed 7 issues and on Issues 4, 5 and 6, which are the issues on merits, it came to hold against the plaintiff and recorded a finding that the impugned order dated March 15, 1989 is legal and valid and in accordance with the rules and regulations governing the service conditions of the plaintiff and the plaintiff is not entitled to the declaration and injunction as prayed for. The Trial Jud

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