into the
question whether the termination was without jurisdiction. I
have already held above that termination was illegal and
wrongful and even the consequence ... 2017
- 39 -
termination to be without jurisdiction would be that
termination was illegal and wrongful. Further, neither any
arguments have been made nor any evidence
payout amount which is the direct
result of alleged wrongful and illegal termination. Learned counsel for
the petitioner submitted that once the amount ... breaches
on part of the petitioner and due to illegal and wrongful termination.
Learned senior counsel submitted that one time pay out to the Claimant
Narendra Kumar Dhiraj vs The State Of Bihar on 17 May, 2024
Author: Mohit Kumar
culled out from the
aforementioned judgments are:
i) In cases of wrongful termination of service, reinstatement
with continuity of service and back wages ... culled out from the
aforementioned judgments are:
i) In cases of wrongful termination of service, reinstatement
with continuity of service and back wages
plaint that because of arbitrary action of
wrongful termination of supply order carried by the respondents, the
appellant was entitled to recovery of the outstanding ... loss and damages suffered on account
of wrongful termination of supply order being the balance cost of
equipment, provision of maintenance services, manpower cost
resources raised by
utilization of the mobilization advance consequent to the wrongful
termination of the contract; it was not liable to repay the mobilization
advance ... Page 22 of 28
RAWAL
Signing Date:26.04.2024
60. Plainly, a wrongful termination of the Contract by NBCC
would entitle Nangia to claim compensation
calculating the compensation payable to an
employee by an employer for wrongful
termination of the employment in the following
3. We are not concerned ... claim
decreed by the civil court was for compensation, for
wrongful termination of employment, arrears of
salary, salary due for the period of notice
accordingly the Supreme Court in the case of wrongful termination granted compensation of Rs.50,000/-.
18. In the case of Harjinder Singh Vs. Punjab ... Supreme Court has held that in all cases of wrongful termination reinstatement cannot be made. It was stated that judicial discretion has to be exercised
such contracts are
determinable in nature and in case of mere wrongful
termination the only relief can be the salary for agreed
Notice Period. However ... present case the Plaintiff
not only claims a declaration that termination is wrongful
CS DJ 381/2017
- 34 -
because it was immediate and without notice
court has stated that in
case of wrongful termination, reinstatement is the normal rule. The
relevant part of the Judgment is reproduced as follows ... culled out from the
aforementioned judgments are:
38.1. In cases of wrongful termination of service,
reinstatement with continuity of service and back wages