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ARUN BHANSALI
Icici Prudential Life Ins – Appellant
Versus
Pradeep Arora – Respondent
JUDGMENT
1. This revision petition is directed against the order dated 16.05.2018 passed by the District Judge, Sriganganagar, whereby the application filed by the petitioner under Order VII, Rule 11(d) CPC seeking rejection of the plaint as barred by law, has been rejected.
2. The respondent-plaintiff filed a suit for declaration and injunction, inter-alia, with the submissions that the plaintiff was granted appointment as Agency Manager - Channel Development Grade-II (Rural division) by order dated 15.05.2007; by order dated 26.12.2007, the plaintiff was made permanent on the post of Agency Manager; on 30.06.2008, the plaintiff was given promotion w.e.f. 15.05.2008 as Sales Manager - Rural Channel Development Grade-Ill. It was indicated that service contract was executed between the plaintiff and defendants, whereby it was, inter-alia, provided that if the defendant was to terminate the services of the plaintiff, it was required to give a two months' prior notice or two months' salary. It was claimed that the plaintiff was performing his duties to the best of his abilities and was fulfilling all the targets and he was given incentive also on account of his performance. It was alleg
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.
The core questions regarding the alleged violation of terms and conditions of the contract of service and the effect of the same are to be decided during the trial, and therefore, the plaint cannot b....
Contracts for personal service cannot be specifically enforced except under limited circumstances; remedies reside in damages for wrongful termination.
Point of law: Contractual Employee - Order of termination of a temporary employee or a probationer or even a tenure employee, simpliciter without casting any stigma may not be interfered with by cour....
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.
A non-statutory and determinable employment contract cannot be enforced through writ jurisdiction, and termination under such contracts, when following prescribed terms, is valid.
The main legal point established in the judgment is that the cause of action for a suit and the scope of res judicata are crucial factors in determining the maintainability of a suit and the grounds ....
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