The High Court of Jammu and Kashmir and Ladakh sets aside the order of reinstatement passed by the Trial Court and upholds the termination to be lawful

The appellant bank preferred Civil First Appeal, CFA No. 08/2009, to challenge the order passed by Additional District Judge, Trial Court, wherein the dismissal order passed by the appellant bank against the respondent was rendered illegal and the respondent was ordered to be reinstated back in service. Delving into the facts of the case, the High court noted that the suit filed by the respondent before the Trail Court, was for seeking damages on account of wrongful dismissal. Nowhere the suit instituted before the Trail Court, sought declaration of termination as unlawful.

Considering this, the Hight Court held that the trial court has ventured into area which was not germane to the facts. The suit is a simpliciter suit for recovery of damages. The Trial Court has travelled beyond its realm by declaring the termination bad and allowing entitlement for reinstatement, which was never prayed for. Thus, as could be seen from the prayer sought for in the original suit, the plaintiff has not sought for declaratory relief to declare the termination of his services as bad in law. In the absence of such prayer by the plaintiff the original suit filed by him before the Trial Court for grant of decree for recovery of damages for wrongful termination is held not maintainable in law.