KAPOOR BROS Vs. UNION OF INDIA

JUDGEMENT

(1.) The present judgment will dispose of two appeals, RSA 13/91 and RSA 14/91. The same have arisen from the judgment of Senior Sub-Judge, Delhi dated 28th January, 1991. The Learned Judge accepted the appeal of respondent-defendant and dismissed the appeal of the appellant-plaintiff which had been filed against the judgment of Sub-Judge, First Class, Delhi in Suit No. 118/88.

(2.) The brief facts of the case are that the appellant was employed with the respondent-company for the post of Senior Supervisor on 25th June, 1984 at a basic salary of Rs. 1100.00 p.m.The appellant worked at various places in India such as Jabalpur, Dadri,Chandipur,Vishakhapatnam etc.He was drawing a basic salary of Rs. 1220 .00 which worked out to total amount of Rs. 2003.00 p.m. Certain differences arose between the appellant and the respondent-Company issued show cause notice and a chargesheet in this regard on 1st April, 1988. The services of the appellant were terminated with effect from 12th April, 1988. The appellant- plaintiff impugned the order of termination as illegal, unjustified, malafide and without consideration. The appellant sought a decree of mandatory injunction and for direction to the respondent to re-instate him with all benefits and salary with revised pay scale and also for a restraint order from dispossessing him from the premises where the appellant was staying except with due process of law. The respondent-defendant filed written statement where certain preliminary objections were raised and the main objection was relating to the teritorrial jurisdiction of Delhi Court to adjudicate as the suit property where the appellant was staying was situated at Faridabad. The Trial Court framed the following preliminary issue:-

(3.) It was accordingly held that the suit was not maintainable. The learned Judge, however, granted relief to the appellant in the form of solatium and compensation. Paragraph 9 of the judgment makes an interesting reading and is reproduced as follows: