JUDGMENT :

S.J. Mukhopadhaya, J.

1. Leave granted. These appeals have been preferred by the Plaintiff(s) - Appellant(s) against the common judgment and decree dated 2nd August, 2011 passed in RSA No. 3127 of 2003 and RSA No. 5214 of 2003, etc. By the impugned common judgment, the Second Appellate Court set aside the judgment and decree, passed by the Trial Court and affirmed by the First Appellate Court.

2. The Plaintiffs-Appellants were appointed in the services of the Respondent-National Fertilizers Ltd. The Appellant-Balwinder Singh was appointed as Junior Steno Clerk on 3rd April, 1991. The other Appellant-Ram Swaroop was appointed as a Field Assistant on 27th April, 1991. The Plaintiff-Appellant, Balwinder Singh filed a suit against the Defendant-Respondent on 16th August, 1999 for declaration that he is entitled to be confirmed as Junior Steno Clerk w.e.f. 8th September, 1991 i.e. the date on which he has successfully completed the probation period of six months and mandatory injunction to the effect that he is entitled to increment, bonus, medical allowance, house rent etc.

3. A separate suit was filed by the Plaintiff-Appellant, Ram Swaroop, against the Defendant-Respondent for