Law:

Section:

Master and servant--- ----Employee of Sui Southern Gas Company Ltd ('the company')---Declaratory suit filed by employee against the company---Maintainability---Plea on behalf of company that suit filed by the employee before the civil court was not maintainable for the reason that the company was not a statutory corporation nor any statutory rules of service were applicable to its employees rather the principle of 'master and servant' applied to them and a declaratory suit could not have been filed; that there were concurrent findings recorded by the Trial Court as well as the Appellate Court where the employee had been non suited for the reason that his suit was not maintainable---Validity---Plea raised by the company regarding rules applicable to its employees had not been elaborately considered by the High Court in the impugned order and it had gone on to consider the law as laid down in the ESTACODE which apparently was not applicable to the present case for that the employee was not a civil servant---High Court has also not considered that there were concurrent findings recorded by the Courts below and what need was felt by the High Court to interfere with such concurrent findings had not been addressed in the impugned order---Consequently appeal was allowed, the impugned of the High Court was set aside and the matter was remanded to the High Court to decide the same afresh, in accordance with law. THIS ORDER PASSED BY: GULZAR AHMED, CHIEF JUSTICE:---.--- We have heard the learned counsel for the parties and have also gone through the material available on record. 2. The Respondent was employed with the appellant-company as a Chief Engineer. On 16.10.2000 he submitted resignation from service. However, after submission of the resignation, the Respondent did not report for duty for a long time. On 13.07.2001, he submitted a letter to the appellant-company seeking rejoining of duty. However, in the meanwhile on 09.04.2001 the appellant-company issued a charge sheet to the Respondent for his remaining absent from duty. The appellant-company accepted the resignation of the Respondent on 14.09.2001. The Respondent filed a civil suit seeking a declaratory…

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