LAWS(DLH)-2015-9-172

VINOD PATHAK Vs. AMERCIAN EXPRESS BANK LTD.

Decided On September 23, 2015
Vinod Pathak Appellant
V/S
Amercian Express Bank Ltd. Respondents

JUDGEMENT

(1.) PLAINTIFF Sh. Vinod Pathak, who was an employee; being a security in -charge; employed with the defendant, has filed the present suit seeking the reliefs of declaration, injunction and damages as under: -

(2.) ADMITTEDLY , the employment of the plaintiff with the defendant is a private employment since the defendant is not a State or an authority of State as per Article 12 of the Constitution of India. Once the contract of employment is a private contract of employment, not being governed by the statutory rules or provisions of the Constitution of India, the issue which arises is whether such a suit seeking relief of reinstatement of service is permissible or if the plaintiff is entitled to the monetary amount and damages for every month as claimed by him and the other related reliefs.

(3.) WHEN this application being I.A No. 2629/2004 came up before this Court on 4.9.2015, the following Order was passed: -