Regular Second Appeal No. 781 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No. 781 of 2008 Date of Order: 21.10.2008. Ram Chand ...Appellant Versus Sr. Regional Manager, Food Corporation of India & others. ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. B.S.Kathuria, Advocate for the appellant. RAJIVE BHALLA, J (Oral). The appellant challenges judgments and decrees, passed by Civil Judge (Junior Division), Jalandhar, dated 30.05.2005 and the Additional District Judge (Adhoc), Fast Track Court, Jalandhar, dated 22.09.2007, dismissing his suit and his appeal respectively. The plaintiff-appellant filed a suit claiming that he was appointed as “Sardar” by the Food Corporation of India (hereinafter referred to as the 'F.C.I'), District office, Jalandhar, so as to receive payment of wages and to represent the workers before the F.C.I. Management. The appellant relied upon an identity card and various letters to support his claim. The respondents opposed the suit by asserting that the three member committee, which included the appellant was an arrangement made to facilitate the payment of wages and, therefore, did not confer any extra benefits. The learned trial Court after considering the entire controversy, held that the word “Sardar” appearing on the identity card was typed whereas the other material was handwritten. It was further held that as the Regular Second Appeal No. 781 of 2008 -2- appellant himself had admitted while deposing as PW2 that the system of “Sardar and Mandal” was started w.e.f. 13.03.1999, the appellant could not claim that he was appointed as a “Sardar” w.e.f. July, 1993 to February, 1998 and was, therefore, entitled to wages in accordance with the said post/status. As a result, the suit was dismissed. The appellate Court affirmed these findings and dismissed the appeal. I have heard counsel for the appellant and perused the impugned judgments. The appellant's claim that he was nominated/appointed as “Sardar” and, therefore, entitled to wages and seniority as such was rightly dismissed by the courts below. In order to place the findings returned by the courts below in their correct perspective, reference would necessarily have to be made to a relevant extract from the judgment of the trial Court, which reads as follows:- “12. Perusal of the identity card of the plaintiff reveals that the word 'Sardar' has been typed whereas the remaining particulars are handwritten and as per the statement of plaintiff this identity card was issued to him by Sarwan Singh, Asstt. Manager and when a specific question that the word 'Sardar' was got typed because the remaining writing would have not tallied, was put to him, he replied that he does not know and voluntarily stated that it must be known to Sarwan Singh/ Asstt. Manager and interestingly Sarwan Dass while appearing as PW1, has admitted in his cross- examination that Food Corporation of India never nominated the plaintiff as 'Sardar' at any point of time. Similarly, perusal of letters dated 31.07.1993 marked as Ex.PW1/3 and dated 26.07.1994 marked as Regular Second Appeal No. 781 of 2008 -3- Ex. PW1/4, also transpires that the plaintiff along with 2 others was authorised as representative to receive and disburse wages on behalf of the handling workers of Adampur Complex Depot. The plaintiff while appearing as PW2 has himself admitted that the system of 'Sardar' and 'Mandal' was started w.e.f. 13.03.1999. Meaning thereby, prior to 13.03.1999, the post of Sardar was not in existence, whereas the case of the plaintiff is that he has been working as 'Sardar' since 1993 and has been drawing the wages as 'Sardar' w.e.f. July 1993 to Feb. 1998.” This finding was affirmed by the first appellate court by holding as follows:- “ 13. There is no dispute that the plaintiff/appellant was appointed a member of three member committee since 1993 vide letter dated 31.05.1993 and he was also directed to disburse the emoluments to the employee vide letter dated 26.05.1994 Ex. PW1/4. Again it is an admitted fact that the plaintiff was transferred from Adampur to Lohian Khas. The plaintiff-appellant has claimed himself as Sardar of three members committee but nothing has been brought on the file by him to prove this fact. Regarding identity card issued to the plaintiff-appellant the entire identity card is filled with hand bout word 'Sardar' is typed. The plaintiff- appellant has failed to prove that he was ever appointed as Sardar of three members committee or was being paid excess salary than other two persons. Regular Second Appeal No. 781 of 2008 -4- Sarwan Dass (PW1) has stated in his cross examination that the F.C.I. has never nominated the plaintiff as Sardar at any time and this fact is also admitted by Sham Lal (PW3) in his cross examination. The plaintiff-appellant when he himself appeared in the witness box as PW2, he in his cross examination has admitted that he was never paid salary of Sardar and the word Sardar has not been written on letter dated 26.05.1994. He also admitted that Sardar system has started only on 13.07.1999 which also falsifies his version in his examination in chief that he is drawing salary from April 1993 upto February 1998. He has again admitted that he was never paid salary as Sardar of three members committee. Therefore, I hold that the plaintiff-appellant has failed to prove on the file that he was acting as Sardar of three members committee or he was drawing excess salary than other members.” I find no reason whether in law or of fact to differ with the concurrent opinion recorded by the courts below. The appellant has failed to establish his case as set out in the plaint as the evidence adduced was held to be insufficient to hold that he was appointed as “Sardar”. As no question of law muchless a substantial question of law arises for consideration, the appeal is dismissed with no order as to costs. October 21, 2008 (RAJIVE BHALLA) nt JUDGE