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DELHI HIGH COURT
C.HARI SHANKAR
CH Aishi Ram Batra Public Charitable Trust – Appellant
Versus
Anita Kumar – Respondent
| Table of Content |
|---|
| 1. final order of dismissal (Para 1 , 2 , 14) |
| 2. maintenance of employment termination claims (Para 3 , 4 , 5) |
| 3. maintainability of claims for damages (Para 6 , 8) |
| 4. clarification on judicial observations (Para 9 , 11) |
| 5. entitlement to sue for damages (Para 10 , 12) |
CM APPL. 21346/2022 (for exemption)
1. Exemptions allowed subject to all just exceptions.
2. The application stands disposed of.
CM(M) 417/2022
3. This petition, under Article 227 of the Constitution of India, assails an order dated 12th October, 2021, passed by the learned Additional District Judge ("the learned ADJ"), in CS DJ No. 75/2019 (Anita Kumar v. Batra Hospital & Medical Research Centre), on an objection of maintainability raised by the petitioner, as the defendant in the said suit. The impugned order rejects the said objection and holds the suit to be maintainable.
4. The respondent, in her suit, sought a declaration that the termination of her employment by the petitioner on 7th April, 2011 was illegal and also claimed damages/compensation to the extent of Rs.18,61,000/-, with interest from 7th April, 2011. Additionally, the plaint sought restoration of the respondent in
A claim for damages from wrongful termination is maintainable even if a contract of personal service cannot be enforced, affirming that such claims cannot be dismissed under procedural rules.
Contracts for personal service cannot be specifically enforced except under limited circumstances; remedies reside in damages for wrongful termination.
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.
Contracts of personal service cannot be specifically enforced under the Specific Relief Act, except in limited exceptions.
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