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1994 Supreme(P&H) 241

N.K.KAPOOR
Punjab State Co-operative Supply, Marketing Federation Ltd. – Appellant
Versus
B. S. Aulak – Respondent


Judgment

N.K.Kapoor, J.

1. Punjab State Co-operative Supply and Marketing Federation Ltd. (for short "the Markfed") has filed this appeal challenging the judgment and decree of the Additional District Judge whereby the appeal filed by the plaintiff has been accepted resulting in decreeing his suit as prayed for, on the ground that the impugned judgment and decree is illegal and hence unsustainable.

2. Plaintiff filed a suit for declaration to the effect that the resolution dated 20.12.1977 passed by the Board of Directors of Sugarfed-defendant No. 1 vide which post of Plant Protection Officer which the plaintiff was holding was abolished is illegal .null and void and not binding upon the plaintiff with a further prayer that the plaintiff continues to be an employee of Markfed and so entitled to all consequential benefits of pay, allowance etc. The plaintiff also sought permanent injunction restraining defendant No. 1 from filling the post of Chief Cane Development Officer.

3. Briefly put the case of the plaintiff is that he was appointed as a Plant Protection Expert vide appointment letter dated 7.12.1972 by the Markfed (the present appellant) pursuance to which he joined on 13:12.1

























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