Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NAMIT KUMAR
State Of Punjab – Appellant
Versus
Bakhshish Singh – Respondent
JUDGMENT :
Namit Kumar, J.
Having lost before the Courts below, by recording the concurrent finding, the State of Punjab has filed the instant appeal impugning the judgments and decrees dated 03.02.1990 and 25.05.1992, passed by the said Courts, whereby the suit filed by the plaintiff/respondent was decreed and the appeal preferred by the State was dismissed by upholding the findings recorded by the learned trial Court. Parties to the lis are hereinafter shall be referred to by their original position before the trial Court.2. Brief facts of the case are that the plaintiff was appointed as Dumper Operator on 13.06.1985, and his services were terminated on 10.07.1987. The said termination was impugned by the plaintiff by filing a civil suit for declaration, which was decreed by the learned trial Court vide judgment and decree dated 03.02.1990. The findings recorded by the learned trial Court, reads as under:-
"6. It is the admitted case of the parties that the plaintiff was appointed as a Dumper operator with effect from 13.6.85 and that his services were terminated with effect from 10.7.87 on the ground that there was a report against him by the senior Superintendent of Police Gurdasp
The court affirmed that a transfer of service is a lawful exercise of management's discretion and does not constitute termination unless explicitly stated in the employment contract.
Civil courts lack jurisdiction over employment disputes governed by the Industrial Disputes Act, necessitating resolution in designated forums.
The main legal point established in the judgment is that the applicability of legal provisions, such as notifications, is contingent upon the specific designation and role of the individual in questi....
The High Court's supervisory jurisdiction under Article 226 does not allow re-evaluation of factual findings by lower tribunals unless there is an error of law apparent on the record.
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 established the validity of the CPWD Policy in justifying the termination of employees involved in serious criminal cases and remaining incarcerated beyond 48 hours, and clarified the exclu....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
