PRATIBHA RANI, J.

1. The appellant-company M/s. Shriram Pistons & Rings Ltd. impugned the judgment and decree dated 27th May, 1998, passed by the learned Single Judge, in a suit filed by the respondent herein, (plaintiff in the suit), who was their ex-employee in managerial capacity, seeking declaration that his termination was unconstitutional, illegal and mala fide and without authority. In addition, respondent also sought the relief of damages for `4 lacs and/or reinstatement with full back wages and benefit.

2. The facts are not in dispute. Most of the documents produced during evidence by the parties are also not in dispute. So instead of mentioning the case of the respondent and the appellant separately, as averred in the plaint or defence taken in the written statement, succinctly stated the facts are that the appellant company employed the respondent as Administration Manager. He was issued an appointment letter dated 25th September, 1980 Exhibit P-1, containing the terms and conditions of employment, as per Clause 10 whereof, the respondent could serve the masterservant relationship i.e. resign after giving three months’ notice or the appellant could severe the m