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PAMIDIGHANTAM SRI NARASIMHA, JOYMALYA BAGCHI
Vijaya Bank – Appellant
Versus
Prashant B Narnaware – Respondent
| Table of Content |
|---|
| 1. challenge to liquidated damages clause (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. allegations of constitutional violations (Para 8) |
| 3. validity of restrictive covenants (Para 10 , 11 , 12 , 13 , 14 , 16) |
| 4. enforceability of restrictive covenants. (Para 15) |
| 5. contracts and public policy concerns (Para 17 , 18 , 19 , 20 , 21 , 22) |
| 6. liquidated damages necessity (Para 27 , 28 , 30 , 31) |
| 7. liquidated damages due to premature resignations. (Para 29) |
| 8. distinction from related case law (Para 32 , 33 , 34) |
| 9. ruling on enforceability of clause (Para 35) |
| 10. final order on appeals (Para 36 , 37) |
JUDGMENT
CIVIL APPEAL NO.11708 of 2016
2. In 1999, respondent had joined the appellant-bank as a Probationary Assistant Manager. His service was confirmed in 2001. Thereafter, he was promoted to Middle Management Scale-II. In 2006, appellant-bank issued a recruitment notification for appointment of 349 officers in different grades. Clause 9 (w) of the recruitment notification reads as follows:-
3. Cognizant of the said condition, respondent applied to the post of Senior Manager-Cost Accountant at basic pay of Rs.18,240/- and was selected for the said post.
Clause 11(k) of the said letter reads a
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