Service mater

Querist : Anonymous (Querist) 07 January 2011 This query is : Resolved
If an employer of public limited company charge sheet an employee, and the employee challenges the charge sheet and inquiry in Plaint of the suit and attends inquiry without prejudice.On completion of inquiry employer issues a letter of termination to the employee. The employee takes out a notice of motion and challenges that letter of termination by way of notice of motion in the same suit.
Q. No.1 -is it mandatory to amend the plaint and incorporate the letter of termination in the suit?

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Querist : Anonymous (Querist) 07 January 2011
Not necessary.

Advocate. Arunagiri (Expert) 07 January 2011
Question and answers is done by yourself. Nice role.

Kirti Kar Tripathi (Expert) 07 January 2011
the service condition of an employee is contract of personal service. thus the termination order can not be specifically enforced i.e. you can seek reinstatement by filing of Civil Suit. However, you can claim damages and compensation in the Civil suit. As regard to present suit in case, the charge sheet and/or enquiry is held to be bad. The termination order automatically lost its effect and termination will go but since reinstatement is not possible you are entitled for damages and compensation. For that you have to assess the damages and compensation and will have to amend suit and pay court fee. However, You can file a separate suit for damages and compensation after decision of present suit, in case the charge sheet and enquiry is held bad. It is for you to decide.

niranjan (Expert) 07 January 2011
I think you should amend the plaint.

M/s. Y-not legal services (Expert) 07 January 2011
senior mr.tripathi is correct..

Amit Minocha (Expert) 07 January 2011
I partly disagree with Mr Tripathi that a subsequent suit can be filed. Since the present suit is pending a is a related matter hence it is better to amend the same (if possible as per its stage) or else move an application under Order 2 CPC for leave for subsequent suit to be on a safer side.

Kirti Kar Tripathi (Expert) 07 January 2011
Dear Amit, the subsequent suit can be filed as termination was filed after the institution of first case. in the present case constructive res-judicata will not apply.

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