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Citation Codes
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Case Number
Disposition

allowed

Advocates
  • .
Judges
  • Justice S.C. Agrawal
  • Justice G.T. Nanavati
Acts
  • Article 113 of the Limitation Act, 1963
  • Section 5, Subsection 2 of the 1983 Income Tax Act
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition

allowed

Advocates
  • .
Judges
  • Justice S.C. Agrawal
  • Justice G.T. Nanavati
Acts
  • Article 113 of the Limitation Act, 1963
  • Section 5, Subsection 2 of the 1983 Income Tax Act
See more information ...
Smart Summary

Factual and Procedural Background

The respondent, employed as a Conductor with Punjab Roadways, Jalandhar, was dismissed on 17-11-1978 for alleged absence from duty since 22-6-1975. On 6-8-1986 he instituted a suit seeking a declaration that the dismissal order was illegal and violated the Punjab Civil Service Rules. The Sub-Judge, First Class, Jalandhar decreed the suit on 9-4-1987, declaring the dismissal null and void.

In execution of that declaratory decree, the respondent claimed ₹1,20,395 as arrears of salary from 22-6-1975 onwards. The appellants objected, contending that, under the law of limitation, arrears could be claimed only for 38 months preceding the suit. The executing court accepted this objection on 18-1-1988. The respondent’s revision petition was allowed by the High Court of Punjab and Haryana on 23-3-1990, which held that no limitation applied because the termination was void. The present appeal challenges that High Court ruling.

Legal Issues Presented

  1. Whether, after a dismissal order is declared null and void, the employee may recover salary for the entire period dating back to the dismissal, or only for the period limited by Article 113 of the Limitation Act, 1963 (three years and two months before the suit).
  2. Whether a distinction between an “illegal” termination and a “null and void” termination affects the applicability of limitation periods for salary recovery.

Arguments of the Parties

Appellants’ Arguments

  • The respondent’s monetary claim is governed by Article 113 of the Limitation Act; therefore arrears are restricted to 38 months prior to the suit plus prospective salary.
  • A declaratory decree does not automatically entitle the respondent to claim arrears beyond the statutory period in execution proceedings.

Respondent’s Arguments

  • Because the dismissal order was declared null and void, it was non-existent in law; hence no question of limitation arises and full salary from the date of dismissal is recoverable.
  • The executing court erred in curtailing the monetary relief that flowed from a finding that the dismissal was void.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
State of Punjab v. Gurdev Singh, (1991) 4 SCC 1; AIR 1991 SC 2219 A declaratory suit challenging dismissal/termination is governed by Article 113 of the Limitation Act; limitation applies even when the order is alleged to be void. The Court relied on this decision to reject the High Court’s view that no limitation applies when the dismissal is void, and confined the respondent’s salary claim to the statutory period.

Court's Reasoning and Analysis

The Court expressly confined its inquiry to the quantum of salary recoverable in execution proceedings. It held:

  • The High Court’s distinction between an “illegal” and a “void” dismissal for purposes of limitation is untenable in light of Gurdev Singh.
  • Gurdev Singh establishes that a declaration that a dismissal is void does not exempt suits from Article 113’s three-year limitation period.
  • Consequently, the respondent’s substantive right to arrears is limited to the period falling within that limitation window—38 months before the filing of the declaratory suit—plus salary accruing thereafter.
  • Because the executing court had followed this limitation framework, its order was legally correct and should be restored.

Holding and Implications

Appeal Allowed; High Court judgment dated 23-3-1990 set aside; order of the Sub-Judge, First Class, Jalandhar dated 18-1-1988 restored; no order as to costs.

Implications: The decision reaffirms that the three-year limitation under Article 113 governs declaratory suits challenging dismissal, even when the dismissal is declared void ab initio. Employees cannot, in execution, bypass limitation to recover arrears extending back beyond the statutory period. The ruling follows existing precedent and sets no new doctrinal principle but clarifies its application to execution proceedings.

Show full summary ...

    State Of Punjab And Others v. Kulbir Singh .

    Order

    1. This appeal is directed against the judgment of the High Court of Punjab and Haryana dated 23-3-1990 allowing the Civil Revision No. 1182 of 1988 filed by the respondent against the order dated 18-1-1988 passed by the Sub-Judge, First Class, Jalandhar in proceedings relating to execution of decree dated 9-4-1987.

    2. The facts briefly stated are as follows.

    3. The respondent was employed as Conductor in the Punjab Roadways, Jalandhar. His services were terminated by order dated 17-11-1978 on the ground of his absence from duty with effect from 22-6-1975. On 6-8-1986 the respondent filed a suit for declaration that the order of termination of his services dated 17-11-1978 was illegal and invalid and was passed in contravention of the provisions of Punjab Civil Service Rules. The said suit was decreed by the Sub-Judge, First Class, Jalandhar and it was declared that the order of termination dated 17-11-1978 was null and void. Thereafter, the respondent filed an execution application, which has given rise to this appeal wherein he has claimed a sum of Rs 1,20,395 on account of arrears of salary for the period from 22-6-1975 onwards. In these execution proceedings the appellants filed an objection that the respondent is only entitled to arrears of salary for the period of 38 months prior to the date of the filing of the suit and not for the entire period from the date of the order of termination. Accepting the said objection the executing court passed the order dated 18-1-1988 directing the appellants to pay the arrears of salary for three years and two months prior to the filing of the suit and for the subsequent period. The respondent filed a revision against the said order of the executing court which has been allowed by the High Court by the impugned judgment. The High Court has held that a distinction has to be made between an order of termination which is illegal and an order which is null and void and that in cases where the order of termination is null and void no question of limitation arises and, therefore, the respondent is entitled to payment of salary for the entire period from the date of the order and the executing court could not confine the payment of arrears for the period of 38 months prior to the date of filing of the suit.

    4. In the present case we are not going into the question whether the respondent in execution proceedings could claim the arrears of salary even though the decree which has been passed in the suit was only for a declaration that the order of termination was null and void. The controversy in the present appeal is confined to the question whether the respondent can claim only the arrears of salary for the period of 38 months prior to the filing of the suit or he can claim the salary for the entire period from the date of the passing of the order of termination of his services. The view of the High Court that a distinction has to be made between an order of termination which is illegal and an order which is null and void and that the question of limitation does not arise in cases where the order of termination is null and void cannot be sustained in view of the decision of this Court in State of Punjab v. Gurdev Singh (1991) 4 SCC 1, (1991) 17 ATC 287, AIR 1991 SC 2219, wherein this Court has laid down that a suit for declaration that an order of dismissal or termination from service passed against the dismissed employee is wrongful, illegal and ultra vires is governed by Article 113 of the Limitation Act, 1963 and it cannot be said that there is no limitation for instituting the suit for declaration in such cases. The claim of the respondent for salary could, therefore, be confined to the period falling within the period of limitation prescribed for such a suit, i.e, three years and two months prior to the date of filing of the suit and the High Court could not give a direction for payment of salary for the entire period from the date of the passing of the order of termination of the services of the respondent.

    5. The appeal is, therefore, allowed, the judgment of the High Court dated 23-3-1990 is set aside and order dated 18-1-1988 passed by the executing court is restored. No orders as to costs.

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    Comments

    State Of Punjab And Others v. Kulbir Singh .
    (Jan 24, 1996)