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2016 Supreme(Del) 3609

VALMIKI J.MEHTA
DELHI TRANSCO LIMITED – Appellant
Versus
KANHIYA LAL – Respondent


Advocates Appeared:
For the Appellant :Ms. Avnish Ahlawat and Ms. Latika Chaudhary, Advocate.
For the Respondent:Mr. Sunil Dutt, Advocate

JUDGMENT :

VALMIKI J. MEHTA, J

1. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the appellant/defendant impugning the concurrent Judgments of the courts below; of the Trial Court dated 18.2.2012 and the First Appellate Court dated 14.8.2014; by which the suit for declaration and mandatory injunction filed by the respondent/plaintiff (since deceased and now represented by his legal heirs) was decreed by declaring as null and void the termination from service Order dated 28.4.2000 and that the respondent/plaintiff was to be treated as continuing in service w.e.f 8.4.2004 with all consequential benefits.

2. The facts of the case are that the respondent/plaintiff was employed as a helper with the Delhi Electric Supply Undertaking (DESU). Delhi Vidhut Board (DVB) is the successor entity of the Delhi Electric Supply Undertaking (DESU). Respondent/plaintiff was charge-sheeted vide Memo dated 15.10.1987 that he had not reported to duty from July, 1986 and had thereafter got his card punched on different dates but had actually not rep



























































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