Punjab Wakf Board vs Mohammad Shakeel - 2023 Supreme(P&H) 2422

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2422

ANIL KSHETARPAL
Punjab Wakf Board – Appellant
Versus
Mohammad Shakeel – Respondent

Advocates Appeared:
Mr. S.K.Jain, Mr. Akshay Jain and Mr. Depeak Jain, Advocates; For the Appellant
Mr. Dinesh Kumar, Advocate; For the Respondent

JUDGMENT

Mr. Anil Kshetarpal, J.

The Regular Second Appeal in the States of Punjab, Haryana and Union Territory, Chandigarh is governed by Section 41 of the PUNJAB COURTS ACT , 1918 (hereinafter referred to as "the 1918 Act") and not by Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC"), as held by a five Judge Bench of the Supreme Court in Pankajakshi (Dead) through LRs v. Chandrika and Others (2016) 6 SCC 157.

2. The correctness of the concurrent findings of facts, arrived at by both the Courts below, while decreeing the suit filed by the plaintiff (respondent herein) for the grant of declaration that the order dated 30.12.1983 terminating his service is illegal, has been assailed by the defendants in this regular second appeal.

3. After having heard the learned counsel representing the parties at length and on perusal of the judgments passed by both the Courts below along with the requisitioned record, the following issue arises for adjudication:-

"Whether the principle of "Last Come First Go" is applicable particularly when the services of the temporary employee on the ground of unsuitability is dispensed with in accordance with the terms of the