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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.S.HEMALEKHA
Raj Kumar.M, S/o Manickya Raj – Appellant
Versus
Eurofins It Solutions Pvt. Ltd. – Respondent
JUDGMENT :
K.S. HEMALEKHA, J.
The present appeal is preferred by the plaintiff assailing the judgment and decree dated 01.04.2023 in O.S. No.4556/2021 on the file of the III Additional City Civil and Sessions Judge, Bengaluru City (CCH-25) (hereinafter referred to as ‘Trial Court’ for short). By the judgment and decree, the Trial Court dismissed the suit.
2. Suit was instituted seeking a declaration that the termination letter dated 10.08.2021 is null and void. Further, seeking relief of injunction restraining the defendants from interfering with his work and stopping or canceling his medical insurance and other benefits. The case of the plaintiff is that the plaintiff was appointed as a Principal Associate-IT in defendant No.1-company vide appointment letter dated 27.06.2018 (Ex.P.1) and was subsequently promoted to Senior Infrastructure Lead-IT (Ex.P.2). According to the plaintiff, he discharged his duties diligently and was entrusted with additional responsibilities of desktop administration. It is his case that owing to certain complaints made against defendant No.2, a Senior Manager, he was coerced to resign, upon refusal, the defendant issued a termination letter dated 10.08.202
Contracts for personal service cannot be specifically enforced except under limited circumstances; remedies reside in damages for wrongful termination.
Contracts of personal service cannot be specifically enforced under the Specific Relief Act, except in limited exceptions.
A contract of personal service is not enforceable except for three exceptions, as per the provisions of Sections 14 & 41 of the Specific Relief Act, 1963.
A suit for damages due to wrongful termination must include a declaration of wrongful termination to be maintainable; reinstatement cannot be granted without such a request.
Point of Law : Reliefs of reinstatement and backwages could not be sought in a civil proceedings, applies in the context of a case where the provisions of the ID Act were applicable.
Reliefs of reinstatement and backwages could not be sought in a civil proceedings, applies in the context of a case where the provisions of the ID Act were applicable.
A suit for declaratory relief regarding employment termination is maintainable even if it includes non-damages consequential relief despite the contract of personal service being un-enforceable.
The court ruled that an employment contract can be determinable, allowing for potential termination without an injunction, and that specific performance is permissible under amended provisions of the....
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