SATISH KUMAR Vs. GANDHI SMARAK NIDHI

JUDGEMENT

(1.) Exemption allowed subject to just exceptions.

(2.) No one was present for the appellant on the first call. No one is present for the appellant even on the second call at 1.00 P.M. I have therefore perused the record and am proceeding to dispose of this second appeal.

(3.) The admitted position which emerges from the concurrent judgments of the courts below is that the employer/respondent no.1 was a private employer and not a State under Article 12 of the Constitution of India. Accordingly, it is a settled law that there cannot be enforcement of a contract of a person s services and which was prayed by the suit which is dismissed. The courts below have accordingly rightly held that at best the entitlement of the appellant/plaintiff, if he was wrongly terminated from services, was to claim damages and not to file a suit for reinstatement in services.