SATPAL YADAV Vs. CAMBATA AVIATION PVT. LTD.

JUDGEMENT

(1.) THE appeal impugns the judgment dated 20th August, 2004 of the 1. learned Additional District Judge dismissing the suit filed by the appellant, for declaration that the letter dated 8 th October, 1991 of the then

(2.) NOTICE of the appeal was issued and the Trial Court record requisitioned. The appeal was admitted for hearing vide order dated 6 th July, 2006. Vide subsequent order dated 21 st November, 2007, the name of the then respondent No.2 Mr. K.K. Aggarwal was struck off from the array of parties. The counsels have been heard and the records perused.

(3.) THE respondent and Mr. K.K. Aggarwal aforesaid contested the suit by filing a written statement pleading that the contract of the respondent Company with the appellant was a contract of personal service which was not specifically enforceable and qua which no declaration was maintainable; that there was information available with the respondent which implicated the appellant and owing whereto the respondent Company lost faith in the appellant; however, since imputing misconduct of the appellant would have affected the future prospects of the appellant, the respondent Company as per its policy resorted to discharge simpliciter of the services of the appellant; that the respondent Company is not required to justify its action of terminating the services of the appellant.