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ARCHANA PURI
SML Isuzu Ltd. – Appellant
Versus
Harjinder Singh – Respondent
JUDGMENT :
ARCHANA PURI, J.
1. Challenge in the present revision petition is to the order dated 23.04.2021 (Annexure P-1) passed by learned Court below, whereby, an application filed by the petitioners under Order 7 Rule 11 CPC, for rejection of the plaint, has been dismissed.
2. The essential facts, as culled from the paper-book are as follows:
3. It is the claim of the respondent-plaintiff that he was appointed as Junior Management trainee vide appointment letter dated 11.05.1991. He had been continuously working with the defendant-company and plaintiff was promoted to the post of Deputy Manager w.e.f. 01.10.2012 and further, promoted to the post of Manager w.e.f. 01.04.2017. However, services of the plaintiff were terminated on 04.08.2018, without provi
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 of personal service cannot be specifically enforced under the Specific Relief Act, except in limited exceptions.
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....
The court upheld the termination of a contractual employee as valid, emphasizing that rights are governed by the contract terms, and principles of natural justice do not apply in the same manner to c....
A contractual employee’s termination does not violate natural justice if conducted per the established contractual terms without the requirement for a hearing.
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.
If misconduct is the foundation to pass the order, then an enquiry into misconduct should be conducted and an action according to law should follow. But if it is (sic) notice, it is not incumbent upo....
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.
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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