DAVINDER AGGARWAL Vs. BENNETT COLEMN AND CO. LTD.

JUDGEMENT

(1.) CM No. 1556/2010 in RFA No. 625/2010.

(2.) THE Appellant has challenged the judgment and decree whereby the learned Trial Court has dismissed the Appellant's suit for recovery of Rs.4,59,070/ - and mandatory injunction.

(3.) EVEN otherwise, there is no merit in the case of the Appellant, who was working as an Assistant Manager with the Respondent and was terminated vide notice dated 13th June, 2003 in terms of the Clause 9 of the appointment letter, which provided that the services could be terminated by written notice on either side by one month written notice or salary in lieu thereof. The Appellant challenged the termination and sought reinstatement along with back wages. The learned Trial Court held the termination to be valid in terms of Clause 9 of the appointment letter. There is no infirmity in the findings of the learned Trial Court inasmuch as the specific performance of a contract of personal services is specifically barred by Section 14 of the Specific Relief Act.