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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
VINOD CHATTERJI KOUL
Punjab National Bank – Appellant
Versus
V K Gandotra – Respondent
JUDGMENT :
1. Feeling aggrieved of the judgment and decree dated 13.09.2008 passed by Additional District Judge, Bank Cases, Jammu (for short Trial Court) whereby Trial Court while decreeing the suit of the plaintiff/respondent herein, has declared his dismissal from appellant-bank as illegal and plaintiff declared entitled to be reinstated as also entitled to damages, the appellant bank has preferred this civil first appeal.
2. The trial Court decree is challenged by the appellant-bank on the following grounds:-
(a) Impugned judgment and decree is bad both in law and on facts.
(b) Trial Court has proceeded on the assumption that the dismissal of the respondent was wrongful without there being any case of the respondent therefor. The suit was simpliciter recover of damages. The trial Court, unmindful of the frame of the suit which was simpliciter as suit for recovery, went to the extent of allowing reinstatement of the respondent not ever prayed for.
(c) The evidence has been misread and misappreciated by trial Court in decreeing the suit in favour of the respondent.
(d) The trail court has proceeded to deal with the matter on ill-founded compassion, non-existent records, unproved facts
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....
In private employment, employees do not have an inherent right to continue in service till a specified age, and the employer has the discretion to terminate the service as per the terms of the employ....
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.
Termination of service – Retrenchment – Workman was proved to have worked continuously on daily wage basis for more than five years.
A resignation accepted unconditionally cannot be withdrawn unilaterally, and a suit for declaration regarding continuation in service is not maintainable if the employee is not classified as a workma....
The main legal point established in the judgment is that continuous service as a messenger for a significant period and unfair termination without notice or payment of wages in lieu of notice amount ....
Temporary employees have no right to continue in service, and the civil court lacks jurisdiction to entertain claims based on the Industrial Disputes Act.
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