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2015 Supreme(Del) 4438

VALMIKI J.MEHTA
Naresh Kumar – Appellant
Versus
Hiroshi Maniwa – Respondent


For the Plaintiff :Mr. Shashank Shekhar, Mr. R.K. Dubey and Ms. Ranjita, Advocates.
For the Defendant Nos. 1 to 7 :Mr. Mukul Talwar, Sr. Advocate along with Mr. Aman Bhalla, Advocate.
For the Defendant Nos. 8 & 9 :Mr. Rajmangal Kumar, Advocate with Ms. Sushma Yadav and Mr. Aman Singh, Advocates for Mr. S.K. Dubey, Advocate.

JUDGMENT :

Valmiki J. Mehta, J.:--

1. In this suit on 15.10.2015 the following Order was passed:-

“1. The present suit is filed by the plaintiff who was an employee of the defendant No. 7-NYK Line (India) Limited. Plaintiff has filed the present suit for recovery of monies alleging his illegal termination. In effect, plaintiff seeks damages for loss of employment opportunities and other related reliefs.

2. The plaintiff has filed his employment letter dated 15.10.2007 issued by the defendant No. 7 company and which contains clause 17(a) entitling either parties by three months’ notice or salary of three months in lieu of such notice to terminate employment.

3. In view of the above, clearly the plaintiff can only be entitled to the salary of three months, even if there is an illegal termination, as held by the Supreme Court in the case of S.S. Shetty v. Bharat Nidhi Ltd., AIR 1958 SC 12. I have also considered this aspect in the case of L.M. Khosla v. Thai Airways International Public Company Limited & Anr., CS(OS) No. 673/1997, decided on 01.08.2012.

4. Counsel for plaintiff is therefore put to notice that the suit is not maintainable and he seeks time to examine this issue.

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