LAWS(MAD)-2022-9-270

STANDARD CHARTERED BANK Vs. SUKHI BAHETY

Decided On September 22, 2022
STANDARD CHARTERED BANK Appellant
V/S
Sukhi Bahety Respondents

JUDGEMENT

(1.) This Civil Revision Petition had been filed seeking to set aside the fair and decretal order passed by the learned IV Assistant Judge holding Full Additional Charge as II Assistant Judge, City Civil Court, Chennai in I.A.No.15342 of 2018 in O.S.No.4712 of 2018, dtd. 15/6/2020.

(2.) The learned Counsel for the Petitioner/Defendant Mr.P.Raghunathan submitted his arguments. As per the submission of the learned Counsel for the Petitioner/Defendant, the Respondent/Plaintiff had filed the suit in O.S.No.4712 of 2018 seeking the relief of declaration viz., i) that the designation/nomenclatures of 'Officer' and 'Manager' in the Plaintiff's service of appointment and promotion etc., is not synonymous with the nature of job and duties performed. It is misleading, wrong, false, deceptive in order to evade and avoid the various labour legislations. It is illegal and invalid; ii) declaring that the principles of natural justice had been violated, not been followed and adhered to, in the holding and conducting of the domestic enquiry before the dismissal/termination from service of the Plaintiff, and is illegal and invalid; iii) declaring that the dismissal from service on 30/6/2015 of the Plaintiff, from the services of the Defendant, is illegal, invalid and void; iv) declaring that the Plaintiff is entitled to be reinstated in service with continuity of service, full back wages, and payment of all and every benefits, allowances, etc.,; v) To direct the Defendant to pay to the Plaintiff the costs of this suit; and vi) To grant such further or other reliefs as may be just, fit and proper in the circumstances of the case. The learned Counsel for the Petitioner invited the attention of this Court to the cause of action in the plaint. A copy of the plaint is enclosed in the typed set filed along with this Petition. The relevant portion of the plaint is extracted as under:

(3.) The Petitioner herein as Defendant in the suit had filed a Petition under Order VII, Rule 11 of CPC in I.A.No.15342 of 2018 in O.S.No.4712 of 2018 to reject the plaint. After due enquiry, the learned IV Assistant Judge having Full Additional Charge of II Assistant Judge, City Civil Court at Chennai, had dismissed the I.A.No.15342 of 2018 in O.S.No.4712 of 2018 as per the order dtd. 15/6/2020.