WWW.DIS.XLIBX.INFO
FREE ELECTRONIC LIBRARY - Thesis, dissertations, books
 
<< HOME
CONTACTS



«versus AMERCIAN EXPRESS BANK LTD.. Defendant Through: Mr. Sumit Bansal, Mr. Ateev Mathur and Mr. Amol Sharma, Advocates. CORAM: HON’BLE MR. ...»

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) No.936/2004

23rd September, 2015

%

VINOD PATHAK..... Plaintiff

Through: Ms. Garima Prashad, Advocate.

versus

AMERCIAN EXPRESS BANK LTD...... Defendant

Through: Mr. Sumit Bansal, Mr. Ateev Mathur

and Mr. Amol Sharma, Advocates.

CORAM:

HON’BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL) 1. Plaintiff Sh. Vinod Pathak, who was an employee; being a security in-charge; employed with the defendant, has filed the present suit seeking the reliefs of declaration, injunction and damages as under:PRAYER “For the various facts and reasons stated above, the plaintiff prayed

that the Honourable Court be pleased to:

A. Declaration may very kindly be granted by holding that the resignation letter dated 6 July 2004 which has been obtained by using force, undue advantage and coercion be declared as null and void, illegal and of no legal consequence.

CS(OS) No. 936/2004 Page 1 of 15 B. Declaration may very kindly be granted to the effect that the contract of the employment between the party subsist and continue till the plaintiff is reinstated and restore in service.

C. Declaration may very kindly also be granted to the effect that the plaintiff is entitled of the salary, perks and all other consequential benefits from the date when he was forced to tender his resignation till he is reinstated in service.

D. Mandatory injunction may also be granted thereby directing the defendant not to give affect to the purported resignation letter dated 6th July 2004, and the operation and effect of the alleged resignation letter may also be stayed.

E. Mandatory injunction may also be granted thereby directing the defendant to permit the plaintiff for performing his visual duties, which he has earlier performing without any hindrance and obstructions.

F. Defendant be restrained from enforcing the resignation order which has been forcibly taken by the Defendant from the plaintiff vide letter dated 6/7/2004.

G. Plaintiff be allowed to join the inquiry which has been initiated against him.

H. Plaintiff be restored and reinstated to the original position where h

–  –  –

is a private employment since the defendant is not a State or an authority of State as per Article 12 of the Constitution of India. Once the contract of employment is a private contract of employment, not being governed by the statutory rules or provisions of the Constitution of India, the issue which arises is whether such a suit seeking relief of reinstatement of service is permissible or if the plaintiff is entitled to the monetary amount and damages for every month as claimed by him and the other related reliefs.

–  –  –

were framed way back on 1.8.2005. Thereafter for various years evidence of the plaintiff was being recorded and during this period an application was filed by the defendant being I.A No. 2629/2004 for amendment of the written statement to add certain pleas with respect to damages not being granted to the plaintiff because plaintiff was gainfully employed after termination of service with the defendant and also that the plaintiff has run its own security agency and thus carried on business disentitling the plaintiff to the claim of damages.

4. When this application being I.A No. 2629/2004 came up before

–  –  –

5. Today, counsel for the plaintiff states that the plaintiff has a right to seek the reliefs in the suit and therefore, the suit must be continued.

–  –  –

Employment Letter of the plaintiff dated 5.7.2002 and this Clause 8 reads as under:8. After confirmation, if you wish to resign from the services of the Company, you will be required to give one month’s notice in writing or one month’s Basic salary in lieu thereof. Likewise the Company

–  –  –

Employment Letter shows that termination of employment can take place as a no fault termination by giving one month’s notice or basic salary in lieu thereof. Once such a clause is there, at best the entitlement of the plaintiff will only be to one month’s salary even assuming defendant is guilty of breach of contract in wrongly taking resignation from the plaintiff. That a plaintiff who is an employee of a private employer is only entitled to damages as specified in the contract of employment as has been held by the Supreme Court in the judgment in the case of S.S. Shetty Vs. Bharat Nidhi Ltd. AIR 1958 SC 12. The ratio of this judgment of the Supreme Court has been applied by me in the judgment in the case of Shri L.M. Khosla Vs.

Thai Airways International Public Company Limited and Anr. CS(OS) No. 673/1997 decided on 1.8.2012. The relevant paras of this judgment are paras 2 to 8 of the said judgment and which paras read as under:

–  –  –

defendant, it is seen that the plaintiff had taken loans from the defendant and as on 6.7.2004 a sum of Rs.1,21,164.83/- was due to the defendant. Plaintiff instead of being given only one month’s salary, was given three months’ basic salary amounting to Rs.1,03,099/- and even after this adjustment plaintiff still owes a sum of Rs.17,175.18/- to the defendant.

9. In view of the above, plaintiff is not entitled to declaration and injunction with respect to continuing of his services with the defendant or any damages being paid by the defendant to the plaintiff or the other related reliefs claimed in the plaint as not only the due compensation as per law is paid but also that such a contract for personal service, and that too

–  –  –

same is dismissed with costs. Defendant will file certificate of costs incurred for this suit in terms of the fees payable by the defendant to its advocates and such costs towards fees will be the costs of the suit in favour of the defendant and against the plaintiff. The certificate of fees by the defendant will be supported by the certificates of lawyers of having received the fees from the defendant. Decree sheet be prepared.

–  –  –





Similar works:

«The Lasting Legacy of Munich: British Public Perceptions of Neville Chamberlain During the Phoney War by Carla Pass Submitted in partial fulfilment of the requirements for the degree of Master of Arts at Dalhousie University Halifax, Nova Scotia August 2014 © Copyright Carla Pass, 2014 TABLE OF CONTENTS Abstract..iv LIST OF ABBREVIATIONS USED..v ACKNOWLEDGEMENTS..vi CHAPTER 1 INTRODUCTION..1 AS HIS REPUTATION STANDS..4 1.1 1.2 APPEASEMENT AND BIOGRAPHY: A HISTORIOGRAPHICAL REVIEW..6 1.3...»

«RAMANA PERIYA PURANAM (Inner Journey of 75 Old Devotees) V. Ganesan Cover Photo: “Dakshinamurti” : Sri Bhagavan seated on a boulder at the Holy Hill (1940-42) Ramana Periya Puranam Dedication Prostrations to Bhagavan Sri Ramana Maharshi, who has come in so many forms to bless us all. Ramana Periya Puranam Author and Copyright owner : V. GANESAN, Ananda Ramana, c/o Sri Ramanasramam, P.O., Tiruvannamalai 606 603, Tamilnadu, INDIA { Email : ramanamymaster@gmail.com } Ramana Periya Puranam...»

«J-A11019-15 NON-PRECEDENTIAL DECISION SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee v.JAMES BROOKS, Appellant No. 588 EDA 2014 Appeal from the Judgment of Sentence of September 16, 2013 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0011224-2012 BEFORE: FORD ELLIOTT, P.J.E., OLSON AND WECHT, JJ. MEMORANDUM BY OLSON, J.: FILED JUNE 05, 2015 Appellant, James Brooks, appeals from the judgment of...»

«HSBCID HSBC North America Holdings Inc. Securities and Exchange Commission 100 F Street NE Washington, DC 20549-1090 USA November 13,2007 Dear Sirs File No 87-20-07 HSBC North America Holdings Inc. (HSBC North America) is the holding company of HSBC Holdings pic's principal North American operations. It is one of the top ten bank holding companies in the U.S. with assets exceeding US$500 billion (IFRS basis) as at June 30, 2007. HSBC North America employs 56,000 staff and operates in 46 U.S....»

«Francesco Sansovino as a detractor of Michelangelo? – An unnoticed biographical profile of Michelangelo between praise and blame Auszüge aus: FRANCESCO SANSOVINO, Della Cronica Universale del Mondo (Venedig 1574) herausgegeben von CHARLES DAVIS FONTES 43 [7. September 2009] Zitierfähige URL: http://archiv.ub.uni-heidelberg.de/artdok/volltexte/2009/841/ URN: urn:nbn:de:bsz:16-artdok-8411 QUELLEN UND DOKUMENTE ZU MICHELANGELO BUONARROTI – E-TEXTE, NR. 7 SOURCES AND DOCUMENTS FOR...»

«Late Mesozoic compressional to extensional tectonics in the Yiwul¨ shan massif, NE China and its bearing on the u evolution of the Yinshan-Yanshan orogenic belt: Part I: Structural analyses and geochronological constraints Wei Lin, Michel Faure, Yan Chen, Wenbin Ji, Fei Wang, Lin Wu, Nicolas Charles, Jun Wang, Qingchen Wang To cite this version: Wei Lin, Michel Faure, Yan Chen, Wenbin Ji, Fei Wang, et al. Late Mesozoic compressional to extensional tectonics in the Yiwul¨shan massif, NE China...»

«COMPATIBILITY DETERMINATION Use: Motorized and Non-motorized Recreational Boating Refuge Name: Havasu National Wildlife Refuge (NWR or Refuge) Establishing and Acquisition Authorities: Havasu NWR, originally known as Havasu Lake NWR, was established by Executive Order 8647 on January 22, 1941.Refuge Purpose: On January 22, 1941, President Franklin Roosevelt signed Executive Order No. 8647, which established the Refuge. The order stated that 37,870 acres would be set apart for use by the...»

«Section 2: Estimating Energy Savings and Incentives 2.1 Estimating Energy Savings and Incentives 2.2 Itemized (Express Efficiency) Measures 2.3 Calculated (SPC) Measures Estimation Software 2.3.1 AC&R HVAC Packaged Units & Chillers or Early Retirement 2.3.2 AC&R Variable-Speed Drives for Centrifugal Chillers 2.3.3 Gas Natural Gas Boiler Measures (Incentives not available in SCE territory). 2-5 2.3.4 Gas Thermal Oxidizer Upgrades (Incentives not available in SCE territory). 2-9 2.3.5 Gas –...»

«PROSPECTUS The date of this Prospectus is June 26, 2015 THE BANK OF NOVA SCOTIA (a Canadian chartered Bank) and SCOTIABANK EUROPE PLC (incorporated with limited liability in England and Wales with registered no. 817692) U.S.$20,000,000,000 Euro Medium Term Note Programme Due from 1 month to 99 years from the date of original issue On December 7, 1994, The Bank of Nova Scotia established a Euro Medium Term Note Programme (the “Programme”) and issued an offering circular on that date...»

«378217WCX Written Communication Rethinking Composing 27(4) 442–468 © 2010 SAGE Publications Reprints and permission: http://www. in a Digital sagepub.com/journalsPermissions.nav DOI: 10.1177/0741088310378217 Age: Authoring http://wcx.sagepub.com Literate Identities Through Multimodal Storytelling Lalitha Vasudevan1, Katherine Schultz2, and Jennifer Bateman2 Abstract In this article, the authors engage the theoretical lens of multimodality in rethinking the practices and processes of...»

«IASB IASB/FASB Meeting 3E Agenda Week beginning 14 February 2011 reference FASB 58E Agenda Staff Paper reference Matthias Zeitler mzeitler@iasb.org +44 (0)20 7246 6453 IASB Contact(s) Shayne Kuhaneck skuhaneck@fasb.org +1 (0) 203 956 3458 FASB Contact(s) Jennifer Weiner jmweiner@fasb.org +1 (0) 203 956 5305 Insurance contracts Project Discounting Non-life Contract Liabilities Topic What is this paper about? 1. The purpose of this paper is to determine whether discounting particular nonlife...»

«Composing Schema Mappings: Second-Order Dependencies to the Rescue RONALD FAGIN, PHOKION G. KOLAITIS, and LUCIAN POPA IBM Almaden Research Center and WANG-CHIEW TAN University of California, Santa Cruz A schema mapping is a specification that describes how data structured under one schema (the source schema) is to be transformed into data structured under a different schema (the target schema). A fundamental problem is composing schema mappings: given two successive schema mappings, derive a...»





 
<<  HOME   |    CONTACTS
2016 www.dis.xlibx.info - Thesis, dissertations, books

Materials of this site are available for review, all rights belong to their respective owners.
If you do not agree with the fact that your material is placed on this site, please, email us, we will within 1-2 business days delete him.