Satish Kumar vs M/S. Gandhi Smarak Nidhi
2014 Latest Caselaw 903 Del

*             IN THE HIGH COURT OF DELHI AT NEW DELHI

+                          RSA No. 58/2014

%                                                     18th February, 2014

SATISH KUMAR                                         ...... Appellant
                           Through:      None


                           VERSUS

M/S. GANDHI SMARAK NIDHI                                    ...... Respondent

Through:

CORAM:

HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

C.M. No.3328/2014 (exemption)

1. Exemption allowed subject to just exceptions.

C.M. stands disposed of.

+ RSA No.58/2014

2. No one was present for the appellant on the first call. No one is

present for the appellant even on the second call at 1.00 P.M. I have

therefore perused the record and am proceeding to dispose of this second

appeal.

3. The admitted position which emerges from the concurrent

judgments of the courts below is that the employer/respondent no.1 was a

private employer and not a State under Article 12 of the Constitution of

India. Accordingly, it is a settled law that there cannot be enforcement of a

contract of a person's services and which was prayed by the suit which is

dismissed. The courts below have accordingly rightly held that at best the

entitlement of the appellant/plaintiff, if he was wrongly terminated from

services, was to claim damages and not to file a suit for reinstatement in

services.

4. In view of the above, there is no merit in the appeal. No

substantial question of law arises under Section 100 of Code of Civil

Procedure, 1908 (CPC). Appeal is therefore dismissed, leaving the parties to

bear their own costs.

FEBRUARY 18, 2014                                VALMIKI J. MEHTA, J
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