respondents-VR Mall raised two claims before the Arbitrator one is
wrongful termination of lease deed and other is compensation to be paid ... deposit, clause 14.5b says that in the event of illegal/ wrongful
termination by petitioner-Chennai silks the respondent-VR Mall is entitled
to forfeit
bona fide grounds, but it was made under the guise of wrongful termination, the normal rule is to order reinstatement of the workman with continuity
Supreme Court had held that in the case of termination of a casual employee what is required to be seen is whether he had completed ... reinstatement in cases of wrongful dismissal has been held to be not without exception. Insofar as wrongful termination of daily-rated workers is concerned, this
date of termination. This clause clearly shows that parties had agreed that damages are adequate compensation for termination of the contract.
59 Not only this ... remedy of the appellants would be to seek compensation for wrongful termination but not a claim for specific performance of the agreements and for that
first
condition for such claims is to establish breach or wrongful termination of
the JDA by the Respondents. The Petitioner also contended that
compensation ... cause. However, no claim was made by the Petitioner
towards compensation for wrongful cancellation of the Powers of Attorney
before the Arbitral Tribunal. Therefore, such
following amounts:-
Claim No. Claim Amounts
Claim No.1a To declare the
Termination Letter dated
06.05.2011 as illegal, -
void, non-est and
against the provisions ... judis
Arb.O.P.No.86 of 2023
wrongful Termination
Claim No.2a To direct the Rs.17,85,995/-
respondent (petitioner
herein
making the following claims :
(1) to declare the termination of the lease
deed dated 12.9.2018 as wrongful and illegal ... damages for the wrongful termination of
the lease deed to the tune of Rs.11,26,16,397/-
as per Clause 14.2 of the lease
culled out from
the aforementioned judgments are:
38.1. 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 ... must always be kept in view that in the cases of
wrongful / illegal termination of service, the wrongdoer is the
employer and sufferer
culled out from the aforementioned judgments are:
38.1. In cases of wrongful termination of service, reinstatement with continuity of service and back wages ... courts must always keep in view that in the cases of wrongful/illegal termination of service, the wrongdoer is the employer and the sufferer
