NAMIT KUMAR, J. (ORAL)

1. Vakalatnama filed on behalf of respondents in CWP No.1076 of 2011 in Court today, is taken on record.

2. Both these cases are being disposed of by a common order as they have arisen from the same cause. The Regular Second Appeal has been filed by the plaintiff-appellant against the findings of the First Appellate Court, Karnal, reversing the judgment of the Trial Court and the writ petition has been filed by the wife of the plaintiff (since appellant-plaintiff died during the pendency of RSA), seeking ex-gratia benefits.

RSA No.3427 of 1998

3. The plaintiff has filed the instant Regular Second Appeal impugning the judgment and decree dated 23.07.1998, passed by the learned Additional District Judge, Karnal, whereby the judgment and decree dated 05.02.1997, passed by the learned Civil Judge (Junior Division), Karnal, has been reversed and the suit of the plaintiff has been dismissed.

3.1 Parties to the lis hereinafter shall be referred to as per their original position before the learned Trial Court.

4. The brief facts, as have been pleaded in the appeal, are that the plaintiff initially joined the defendants (UHBVN) on a daily-wage basis in the month of May, 198