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 ... Termination of the contract is one of the facets of the commercial
law and if a party is aggrieved that the contract was wrongly
terminated
granted interest only on counter claims relating
to losses from wrongful termination and rejected interest on
claims falling strictly under the contract. Learned District Judge ... wrongly agreed with the Arbitrator
who categorised two types of counter claims, one under the
contract and others, due to illegal termination of contract
Section 9 petition cannot adjudicate whether the termination of
the Contract was right or wrong or whether the respondent No. 2
was entitled to recover ... KAUR
BHATIA
Signing Date:16.02.2026
14:08:11
seek compensation for wrongful termination but not a
claim for specific performance of the agreements
Page No.# 1/39 vs The State Of Assam And 5 Ors on 18 February
authority is within its right to terminate the agreement by issuing a
Termination Notice in accordance with the provisions of Clause ... 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
further been argued that even in the unlikely event of
termination in the future, the applicants have effective, adequate and
alternative contractual remedy namely filing ... before the appellate
Authority, invoking arbitration and seeking damages for alleged wrongful
termination. By the present application, however, a negative injunction is
being sought restraining
respondent before the
controlling authority on ground of wrongful termination and claiming
gratuity.
20. The controlling authority vide order dated 30.12.2023, held:-
"The contention
Works (supra), it was held that iin
n cases of wrongful
termination of service, reinstatement with continuity of service and back
wages is the normal ... always ke
keep in view that in the cases of
wrongful/illegal termination of service, the wrongdoer is the employer and
sufferer is the employee
Impugned Award with respect to the wrongful and illegal
termination of the Agreement on account of the Respondent, thereby
acting in violation of the agreed ... quantum, as the best indicator
of reasonable compensation for the wrongful termination. The legality
of this approach lies squarely within the domain of appreciation
from the aforementioned judgments are:
i) In cases of wrongful termination of service,
reinstatement with continuity of service and back
wages is the normal rule ... Courts must keep in view that in the
cases of wrongful/illegal termination of service,
.
the wrongdoer is the employer and the sufferer
