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1978 Supreme(Cal) 430

SALIL KUMAR DATTA
DAMODAR VALLEY CORPORATION – Appellant
Versus
HARIPADA DAS – Respondent


Advocates Appeared:
AMULYA KUMAR MUKHERJEE, BIKASH RANJAN NEOGI, DEBIPRASAD BHATTACHARYYA

SALIL KUMAR DATTA, J.

( 1 ) THIS Rule is directed against an order dated March 22, 1977 passed by the Additional Subordinate Judge, Bur-dwan in Misc. Appeal No. 135/1976 in reversal of the order of the learned Munsif at Durgapur. The opposite party was an employee under the Damodar Valley Corporation, a body corporate, and by a letter dated April 30, 1976 he was released from his service from the afternoon of the said date. The opposite party, according to the Corporation, attained the age of superannuation for which he was released from service. The opposite party as plaintiff thereafter filed the suit on August 20, 1976 praying for a declaration that the order of release made by the Corporation referred to above, was illegal, ineffective and without jurisdiction and further that he was not to be treated as superannuated and that his service subsisted and continued. There was a further prayer for permanent injunction restraining the defendants from interfering with and obstructing the plaintiff in carrying on his service and in discharging his duties in connection with and pertaining to his service and from treating him as superannuated. On the same day the plaintiffs opposite pa







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