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KRISHNA RAO
Asim Talukdar – Appellant
Versus
Axis Bank Ltd. – Respondent
JUDGMENT :
Krishna Rao, J.
1. The plaintiff has filed the instant suit challenging the order of dismissal of the plaintiff from service dated 19th November, 2010 and prayed for reinstatement in service with all back wages along with enhancement and prerequisites.
1. FACTS OF THE CASE:
2. The plaintiff was appointed as Manager in the Axis Bank Limited previously known as UTI Bank Limited by an order dated 15th May, 2002 and was posted in one of the branches of Kolkata. In the year 2004, the plaintiff was promoted to the post of Assistant Vice-President and was transferred to Siliguri Branch. The plaintiff was again promoted to the post of Vice President and was transferred to Shayambazar Branch.
3. The defendant bank had received a complaint from one customer of the bank of Siliguri Branch and the defendant bank had conducted investigation of Siliguri Branch as well as Shyambazar Branch. During the investigation, the plaintiff was placed under suspension by order dated 30th October, 2009. After investigation, it was found that the plaintiff while posted as Branch Head of Siliguri Branch and Shyambazar Branch, the plaintiff had not conducted his duty as per the system and procedure laid d
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.
Civil courts have jurisdiction over wrongful termination claims in private employment, but reinstatement cannot be mandated if employment is governed by private contractual rules. Remedies may includ....
Contracts of personal service cannot be specifically enforced under the Specific Relief Act, except in limited exceptions.
Point of law : Co-operative Arbitration Court will have discretion to order for reinstatement where the impugned action is in contravention of the statutory mandate, is correct and tenable.
The judgment emphasizes the limited scope of interference in departmental proceedings under Articles 226 and 227 and the importance of justifying the penalty imposed.
A non-statutory and determinable employment contract cannot be enforced through writ jurisdiction, and termination under such contracts, when following prescribed terms, is valid.
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