breach of agreement for service

Querist : Anonymous (Querist) 14 August 2010 This query is : Resolved
A govt. department hires a person for driving and a contract has been executed between them. in contract the condition for termination is one month notice or one month salary in advance but when the department tried to terminate without following condition of contract than that person filed a suit for injunction and a interim order for not terminate him without following conditions of contract was passed by the court. In spite of the TI order the department terminated that person. Now what is relief for that person?

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s.subramanian (Expert) 14 August 2010
file proceedings under order 39 rule 2 a against the department for disobedience of injunction order seeking arrest and detention.

s.subramanian (Expert) 14 August 2010
you have to file an application for amendment to seek the relief of declaration that the removal from service is illegal,arbitrary and void .

madan kumar tiwary (Expert) 14 August 2010
Agree with Mr. S Subramanian.

Yamalapalli Haribob (Expert) 14 August 2010
you have to file a petition under order 39 rule 2a of cpc as they violated the orders and file amendment petition to seek relief of mandatory injunction directing them to restore your contract.

Devajyoti Barman (Expert) 14 August 2010
If the employer is the state govt then the relief lies to to SAT. If the employer is the central govt then the relief lies to CAT.The elief of injunction can be prayed for in these Tribunals with other reliefs.

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