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S. M. SUBRAMANIAM
M. Kannan – Appellant
Versus
Tech Mahindra Limited, Represented by Managing Director – Respondent
ORDER :
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, against the fair and decretal order dated 01.11.2022 passed by the learned Additional District Munsiff, Alandur dismissing IA No.277 of 2019 in OS No.8 of 2018 filed by the petitioner seeking to amend the plaint under Order VI, Rule 17 of the Code of Civil Procedure.
The present Civil Revision Petition has been filed against the fair and decretal order dated 01.11.2022 passed by the learned Additional District Munsiff, Alandur dismissing IA No.277 of 2019 in OS No.8 of 2018 filed by the revision petitioner seeking to amend the plaint under Order VI, Rule 17 of the Code of Civil Procedure.
2. The revision petitioner, who is the plaintiff, instituted a suit for declaration to declare that the proposed action of the defendant in invoking “the Exit and Retirement Policy dated 24.03.2017 and effective 01.04.2017” to retire the plaintiff upon completing the age of 55 years is illegal unlawful, arbitrary, discriminative, capricious and also not in accordance with the principles of natural justice. The consequential relief of permanent injunction is also sought for by the revision petitioner-plain
Amendments to the plaint should be allowed unless they change the nature of the suit or prejudice the defendants.
The question of limitation involves mixed questions of law and fact and should be determined at trial, not preemptively.
Retrospective retirement orders are unlawful as they infringe on employees' accrued rights and benefits.
Violation of natural justice in issuing orders affecting the rights of a pensioner and the empowerment of respondents to correct the scale of pay and revision of pension in accordance with the applic....
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