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
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
present suit against the defendant
for damages alleging breach and wrongful termination of
contract by the defendant. Although, originally the plaintiff
had also sought reliefs ... termination of the agreement by the
defendant. It is submitted that since the plaintiff had
waived its right to challenge the termination, the
termination would
SUIT FOR RECOVERY OF ARREARS OF SALARY AND
ALSO DAMAGES FOR WRONGFUL/ILLEGAL
TERMINATION OF THE PLAINTIFF
JUDGMENT: -
1. This is a civil suit filed ... GHERA Vs. HUMANITICS DIMENSIONS SOFTWARE PVT LTD
cussing the issue of wrongful termination and principle of mitiga-
tion of damages has held as follows
present suit, she cannot claim damages on the ground of
wrongful termination.
Brief analysis of dispute between the parties:-
12. Before delving into findings ... September and the notice period. She claims that pursuant to her
wrongful termination she had sent legal notices and emails to the
defendant
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
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
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
Sunil David vs Ms New Delhi Young Mens Christain ... on 29 February, 2024
IN THE
