INDIAN TELEPHONE INDUSTRIES LTD. Vs. SURINDER MOHAN

JUDGEMENT

(1.) This regular second appeal under Sec. 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit. The impugned judgment of the First Appellate Court dated 25.7.2009 dismisses the first appeal filed by the appellant/defendant. The Trial Court vide its judgment dated 30.09.1977 had decreed the suit filed by the respondent/plaintiff and held that the termination order dated 27.11.1969 issued by the appellant/defendant terminating the Apprenticeship Contract of the respondent/plaintiff was illegal.

(2.) The facts of the case are that the respondent/plaintiff filed the subject suit in Dec., 1973, and plaint of which was amended subsequently, and the relief claimed as per the amended plaint was for declaring the termination order dated 27.11.1969 as illegal. Though, there is no further relief, the effect of grant of decree of the respondent/plaintiff by declaring the termination order of 27.11.1969 as illegal results in continuation of the Apprenticeship Contract of the respondent/plaintiff with the appellant/defendant.

(3.) The courts below have held that the termination of services under the Apprenticeship Contract of the respondent/plaintiff by the appellant/defendant is invalid because the same is in violation of the standing orders and also is in violation of principles of natural justice because the inquiry which was conducted against the respondent/plaintiff was hit by the principles of audi alteram partem.