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august 1991

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.

STATE OF PUNJAB AND ORS. vs GURDEV SINGH, ASHOK KUMAR · Niyam