NARESH KUMAR Vs. HIROSHI MANIWA AND ORS.

JUDGEMENT

(1.) In this suit on 15.10.2015 the following Order was passed:-

(2.) A reading of the aforesaid order shows that employment of the plaintiff was a private employment and was not a public employment which is protected like an employment with a State or an arm of a State as per Article 12 of the Constitution of India. The employment letter of the plaintiff by the defendant no.7/employer dated 15.10.2007 contains Clause 17(a) entitling termination of the employment of the plaintiff by a notice period of three months or salary of three months. This Clause 17(a) reads as under:-

(3.) In view of ratio of the judgment of the Supreme Court in the case of S.S. Shetty Vs. Bharat Nidhi Ltd., 1958 AIR(SC) 12 it is clear that even if there is an illegal termination of an employee by a private employer, at best the employee is entitled to the salary for the notice period. I have had an occasion to deal with the ratio in the judgment in the case of S.S. Shetty in various cases and the last of such cases is the case of L.M. Khosla Vs. Thai Airways International Public Company Limited & Anr., CS(OS) No.673/1997, decided on 01.08.2012. The relevant paras, i.e paras 2 to 8, of L.M. Khosla's case read as under:-