MONICA GALHOTRA Vs. GURU NANAK MISSION HOSPITAL TRUST

JUDGEMENT

(1.) DEFENDANT -appellant is in second appeal against the judgment and decree dated 14.01.2013 passed by Additional District Judge, Jalandhar vide which judgment and decree passed dated 09.11.2010 passed by Civil Judge (Jr. Divn.) Jalandhar has been upheld.

(2.) PLAINTIFF -Trust filed suit for recovery to the tune of Rs. 2 lacs with interest on account of damages for breach of terms and conditions of agreement dated 03.05.2000 by the defendant. Plaintiff alleged that vide resolution No. 5 dated 28.12.2002 an application of the defendant dated 24.04.2000 was entertained and she was selected as Pathologist by the Selection Committee duly constituted by the plaintiff -Trust. It was agreed that plaintiff should employ the defendant as Incharge of the Pathology Department in Guru Nanak Mission Hospital, therefore, defendant entered into agreement dated 03.05.2000 with the Trust, whereby she agreed to serve the Hospital for a period of three years on the conditions as incorporated therein. It is further pleaded that defendant was employed as Incharge of Pathology Department (Laboratory) of the said Hospital vide letter dated 05.05.2000 issued by the General Secretary of the Trust. The terms and conditions of appointment prescribes the following: - -

(3.) PLAINTIFF further alleged that the defendant failed to comply with the conditions of her appointment and absented herself from duty w.e.f. 12.10.2002 without any leave or permission from the Management. Notices were sent to the defendant, but she failed to resume duty and the notices were received back unserved. Last notice was issued to her on 16.12.2002 under registered post and the same was refused by the defendant.