ORDER NO. 4 DT. 19.5.09

Heard the Appellant in person and the Ld. Advocate for the Respondents.  It appears that the impugned order was passed dismissing the proceeding before the Forum below on the ground that on identical cause of action a proceeding was pending before the Civil Court.  On facts it appears that admittedly the original proceeding before the Civil Court being suit itself has since been dismissed and the Appeal has been filed which is still pending.  Therefore, pendency of the question in the civil proceeding is still there.

While considering the scope of the two proceedings we find that in the civil suit a prayer was made that deduction from the salary of the plaintiff was without jurisdiction and permanent injunction was asked for restraining the defendants from deducting any amount from the salary and a prayer was also made for a direction to pay deducted advance D.A.  In the proceeding before the Forum  a prayer has been made for a direction upon the OPs to refund the amount of Rs. 28,257/- with compensation of Rs. 3,50,000/- as the complainant suffered irreparable loss in the matter of education and marriage of his daughters and suffering from mental pain for the said education and non-payment of the same.  Therefore, we find that the scope of the two proceedings is identical as questions to be decided in both of them are the same.  The other contention of the Appellant on the scope of the proceeding before the Forum does not require a consideration as those are not parts of the proceeding before the Forum.  In the circumstances, we feel that the Forum below passed the order correctly and the same is affirmed hereby and the Appeal is dismissed.  But we make it clear that we have not recorded any finding on the merit of the proceeding in any way.  No order as to cost.