VALMIKI J. MEHTA, J (ORAL)

1. The challenge by means of this Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment dated 26.4.2002 passed by the Trial Court. By the impugned judgment, the suit of the deceased plaintiff (now represented by his legal heirs – appellants) for declaration and damages for wrongful termination of services was dismissed.

2. The facts of the case are that the plaintiff joined the defendant No.1 / DCM Ltd. as a Clerk in the accounts section on 1.4.1960. As a benefit arising out of the employment, the plaintiff was let out quarter No.5, U.F. Mill Gate, DCM Quarters, DCM Road, Bara Hindu Rao, Delhi in January 1975 and for which rent was being deducted by the respondent No.1. The plaintiff claims to have been promoted as an officer w.e.f. 1.1.1985 and was also honoured with a long service certificate on 21.4.1986. The plaintiff then pleaded that his services were assigned to another unit of the same group known as M/s. Shriram Industrial Enterprises Ltd. w.e.f. 1.4.1990. Plaintiff further pleaded that he was given increments in the job. It is then pleaded that a settlement was arrive