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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
RAMACHANDRA D.HUDDAR
B.N. Shivaprakasha, S/o. Narasimhaiah N. – Appellant
Versus
Bangalore Turf Club Limited, Represented By "CEO And Secretary – Respondent
| Table of Content |
|---|
| 1. claim of wrongful termination (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding contractual relationship (Para 7 , 9 , 10) |
| 3. court’s analysis on injunction request (Para 8 , 12 , 14 , 15) |
| 4. principle against granting interim relief (Para 13) |
JUDGMENT :
RAMACHANDRA D. HUDDAR, J.
This Miscellaneous First Appeal is filed under Order XLIII Rule 1 (r) read with Section 104 of the Code of Civil Procedure, 1908 , (for short, "CPC"), by the appellant challenging the order dated 23.06.2025 passed by the Court of the XXV Additional City Civil and Sessions Judges, Bengaluru (CCH-23), in O.S.No.4085/2025, whereby the learned trial Court rejected the appellant’s application filed under Order XXXIX Rule 1 and 2 of CPC seeking a temporary injunction to restrain the respondent from giving effect to the termination of his employment.
2. The appellant, Sri. B.N. Shivaprakash, was appointed as Under Study Assistant Track Manager by the respondent - Bengaluru Turf Club Ltd., on 05.08.2012. His services were confirmed as Assistant Track Manager on 26.03.2014. Subsequently, he was elevated to the post of Administrator and Senior Clerk of the course with effect from 01.10.2021. During thi
Interim injunctions cannot be granted if they effectively provide the main relief sought in civil suits.
Contracts for personal service cannot be specifically enforced except under limited circumstances; remedies reside in damages for wrongful termination.
Temporary employees have no right to continue in service, and the civil court lacks jurisdiction to entertain claims based on the Industrial Disputes Act.
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.
If misconduct is the foundation to pass the order, then an enquiry into misconduct should be conducted and an action according to law should follow. But if it is (sic) notice, it is not incumbent upo....
Engagement on a contractual basis in project-specific roles does not confer rights to permanency, and long service cannot override express terms of engagement.
Termination of a temporary employee must follow due process, including an inquiry if the action is stigmatic and punitive.
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