Supreme Court of India · 1991-08-21
STATE OF PUNJAB AND ORS. vs GURDEV SINGH, ASHOK KUMAR
- Citation / case number
- SC 1989/72582
- Court
- Supreme Court of India
- Petitioner
- STATE OF PUNJAB AND ORS.
- Respondent
- GURDEV SINGH, ASHOK KUMAR
- Author
- K. SHETTY
- Bench
- K.J. SHETTY
Judgment text excerpt
The Supreme Court held that a suit for declaration of continuance in service by an illegally dismissed employee is barred by limitation under Article 113 of the Limitation Act, 1963 if filed after three years from the date of termination. The Court clarified that the right to sue accrues when the dismissal order is passed, and if the suit does not fall under any specific article of limitation, it must be governed by the residuary article. The Court allowed the appeals of the State, overturning the lower courts' decisions that had ruled the suits were not barred by time.