JUDGMENT

Suvra Ghosh, J. - The contention of the petitioners, in a nutshell, is that the predecessor-in-interest of the private respondent, Md. Sarfuddin ahmed, since deceased, was an employee under the petitioner no. 1 Company. The said employee was charge sheeted on 11th May, 1973 on allegations of misconduct and was suspended in contemplation of departmental proceedings against him. Pursuant to departmental proceedings, the employee was dismissed from service by a letter dated 12th October, 1974. During pendency of the inquiry, the employee approached the Civil Court in Title Suit 95 of 1973 against the Company praying for a decree for declaration and injunction against the charge sheet and the suspension order issued by the Company. The suit was decreed exparte by the learned Civil Court by an order dated 8th September, 1981 whereby the employee was granted decree in respect of his seniority, grade of pay and suspension. It was held that the employee was entitled to seniority as per his length of service and the tripartite agreement and also pay protection to the grade he was officiating immediately before his suspension. The suspension was declared illegal, invalid and inoperat