JUDGMENT AND ORDER (CAV)

By this application under Article 227 of the Constitution of India, a management of the Proprietorial Firm owned by M/s Associate Entrade Limited has challenged the order dated 10.01.2013 passed by the learned Munsiff No.3, Guwahati, in Tile Suit No. 162 of 2012 holding that a suit instituted by the opposite party workman challenging his discharge from service is maintainable under Section 9 of the Code of Civil Procedure.

2. The opposite party Bhola Jha instituted Title Suit No. 162 of 2012 in the Court of learned Munisff No.3 at Guwahati stating that he joined service of the defendants Management as a driver in the year 1980 on temporary basis. He continued serving without any break whereupon his services were made permanent with effect from 01.04.1999. But on 02.01.2012 the Authorised Official of the management served a notice of discharge on him by paying Rs.1,000/- as salary. The plaintiff tried to pursue his employers but all his efforts were in vain. Having served a pleaders’ notice on management on 11.01.2012 the plaintiff sought for revocation of his discharge, however, to no avail. Ultimately, the plaintiff became compelled to institute the suit p

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