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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPINDER SINGH NALWA
Subhash Chander Gupta – Appellant
Versus
Haryana Agro Industries Corporation Ltd. – Respondent
| Table of Content |
|---|
| 1. challenging decision of a lower court. (Para 1) |
| 2. background details of employment. (Para 2 , 3 , 4) |
| 3. lower court's decision reversed. (Para 5 , 6) |
| 4. legal issue of service and seniority. (Para 10) |
| 5. no parity established in seniority claims. (Para 14) |
| 6. final appeal outcome. (Para 15 , 16 , 17) |
Judgment :
Deepinder Singh Nalwa, J.
The present Regular Second Appeal has been directed against the judgment and decree dated 14.08.2001 passed by learned Additional District Judge, Chandigarh (hereinafter to be referred as 'Lower Appellate Court'), whereby the appeal filed by the respondent/defendant was allowed and the judgment and decree dated 24.12.1997 passed by learned Sub Judge IInd Class, Chandigarh (hereinafter to be referred as 'trial Court'), was reversed and the suit filed by the appellant/plaintiff was dismissed.
2. The brief facts of the case are that the appellant/plaintiff was appointed as Salesman-cum-Clerk in the pay-scale of Rs.110-225 in the respondent/Corporation vide appointment letter dated 11.07.1973 and he joined the abovesaid post on 14.07.1973. The service of the appellant/plaintiff was terminated by the respondent/defendant vide order dated 22.12
The period of adhoc service does not confer seniority over regular appointees.
Seniority is to be counted from date of substantive appointment and substantive appointment means, an appointment, not being an ad hoc appointment, on a post in cadre of service, made after selection....
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