ROHIT KUMAR Vs. TATA TELE SERVICES LIMITED

JUDGEMENT

(1.) This Regular Second Appeal under section 100 of the Code of Civil Procedure is directed against the judgment and decree dated 26.7.2012, passed by the learned Additional District Judge, Fast Track Court, Shimla, in Civil Appeal No. 54-S/13 of 2009, whereby he affirmed the judgment and decree dated 20.8.2009, passed by the learned Civil Judge (Junior Division), Court No.7, Shimla in Civil Suit No. 4-1 of 2006.

(2.) The plaintiff is the appellant, who filed a suit for recovery of Rs. 2,12,000.00 along with interest @ 12% per annum before the learned trial court on account of harassment that was meted out to him by the defendants/respondents and declaration was also sought to the effect that his termination order dated 8.9.2007 passed by defendant No.3 be declared as null and void being illegal and arbitrary. It was consequentially prayed that the defendants be directed to reinstate the plaintiff in service along with all consequential benefits including seniority, arrears etc.

(3.) The defendants contested the suit by filing written statement taking therein various preliminary objections like locus standi, cause of action, estoppel etc. It is further averred that the work and conduct of the plaintiff was not satisfactory, he remained absent from duty without any intimation to his superiors and also mis-conducted himself.