w w w . L a w y e r S e r v i c e s . i n



M/s. G4S Security Services (I) Pvt. Ltd. v/s Dhiraj Negi


Company & Directors' Information:- SECURITY CO LTD [Active] CIN = L65929WB1948PLC016992

Company & Directors' Information:- V N A SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74920DL1998PTC091780

Company & Directors' Information:- G SECURITY (INDIA) PRIVATE LIMITED [Active] CIN = U74920MH2004PTC150235

Company & Directors' Information:- S R SECURITY PRIVATE LIMITED [Active] CIN = U74920MH2005PTC152956

Company & Directors' Information:- S R SECURITY PRIVATE LIMITED [Active] CIN = U74110MH2005PTC152956

Company & Directors' Information:- J S SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74920HR2008PTC037747

Company & Directors' Information:- B D SECURITY PRIVATE LIMITED [Active] CIN = U74920JK2006PTC002638

Company & Directors' Information:- R. P. S. S. SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U93090UP2017PTC092692

Company & Directors' Information:- G I SECURITY PRIVATE LIMITED [Active] CIN = U74140WB1993PTC057724

Company & Directors' Information:- L K SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U93030UP2015PTC068449

Company & Directors' Information:- S. B. SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74999UP2016PTC086112

Company & Directors' Information:- R M G SECURITY PRIVATE LIMITED [Strike Off] CIN = U74910TN1997PTC038969

Company & Directors' Information:- G D A SECURITY PVT LTD [Active] CIN = U74899DL1973PTC006424

Company & Directors' Information:- H K SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74920MH2002PTC136385

Company & Directors' Information:- A G SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74900MH2013PTC239505

Company & Directors' Information:- P G SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U24232DL2005PTC132138

Company & Directors' Information:- M & D SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74120DL2008PTC173377

Company & Directors' Information:- J S D SECURITY PRIVATE LIMITED [Strike Off] CIN = U74920DL2009PTC197167

Company & Directors' Information:- M. SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920WB2000PTC092218

Company & Directors' Information:- D & G SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U93000WB2011PTC165782

Company & Directors' Information:- D AND R SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920JH2013PTC001793

Company & Directors' Information:- S M SECURITY PRIVATE LIMITED [Strike Off] CIN = U74899DL1996PTC007805

Company & Directors' Information:- J AND J SECURITY PRIVATE LIMITED [Strike Off] CIN = U74920DL2004PTC128735

Company & Directors' Information:- E-1 SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74910OR2012PTC014996

Company & Directors' Information:- J S S SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920PB2005PTC028528

Company & Directors' Information:- W B SECURITY PRIVATE LIMITED [Strike Off] CIN = U74920RJ2012PTC040905

Company & Directors' Information:- R. D. SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920PN2010PTC135994

Company & Directors' Information:- K N R SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000MH2010PTC204385

Company & Directors' Information:- S P SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U93000PN2014PTC150722

Company & Directors' Information:- G T I SECURITY PRIVATE LIMITED [Active] CIN = U74999MH2013PTC251541

Company & Directors' Information:- J. B. C. SECURITY PRIVATE LIMITED [Active] CIN = U74999MH2017PTC302126

Company & Directors' Information:- R P SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74120UP2011PTC046112

Company & Directors' Information:- S. P. S. S. SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74120UP2016PTC076893

Company & Directors' Information:- H N S SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74900TG2013PTC089837

Company & Directors' Information:- P. S. SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74920UP2008PTC035914

Company & Directors' Information:- B J U SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920UP2010PTC039772

Company & Directors' Information:- S A SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U93000UP2014PTC062073

Company & Directors' Information:- B. R. S. SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U93030UP2013PTC059573

Company & Directors' Information:- B & I SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74900WB2013PTC190717

Company & Directors' Information:- R L SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74999JK2015PTC004376

Company & Directors' Information:- S R S SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U95000DL2000PTC106902

Company & Directors' Information:- G G SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U00000DL2001PTC109868

Company & Directors' Information:- M R S SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL2013PTC247541

Company & Directors' Information:- S M SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2004PTC125744

Company & Directors' Information:- T & E SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2011PTC220586

Company & Directors' Information:- AT SECURITY PRIVATE LIMITED [Strike Off] CIN = U74999DL2012PTC234962

Company & Directors' Information:- R SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000DL2011PTC213180

Company & Directors' Information:- L N T SECURITY PRIVATE LIMITED [Strike Off] CIN = U74899DL2001PTC109776

Company & Directors' Information:- A.N.D SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900DL2009PTC193787

Company & Directors' Information:- VERSUS SECURITY PRIVATE LIMITED [Strike Off] CIN = U74900DL2009PTC195274

Company & Directors' Information:- M K G SECURITY SERVICES PRIVATE LIMITED [Under Process of Striking Off] CIN = U74920DL2005PTC141445

Company & Directors' Information:- A V SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74920DL2008PTC181601

Company & Directors' Information:- R-4 SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920DL2001PTC113509

Company & Directors' Information:- S O L SECURITY PRIVATE LIMITED [Strike Off] CIN = U74920DL2002PTC115968

Company & Directors' Information:- V AND A SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920DL2004PTC125411

Company & Directors' Information:- H S SECURITY PRIVATE LIMITED [Strike Off] CIN = U74920DL2004PTC127249

Company & Directors' Information:- T F SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920DL2005PTC143337

Company & Directors' Information:- M P S SECURITY PRIVATE LIMITED [Under Process of Striking Off] CIN = U74920DL2007PTC169952

Company & Directors' Information:- V M SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920DL2008PTC185522

Company & Directors' Information:- N K SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920DL2009PTC191230

Company & Directors' Information:- M H SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920DL2013PTC255582

Company & Directors' Information:- P & D SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920HR2013PTC048169

Company & Directors' Information:- P T SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U67120KA2013PTC070724

Company & Directors' Information:- H S R SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920KA2012PTC064955

Company & Directors' Information:- M AND G SECURITY PRIVATE LIMITED [Active] CIN = U74920HR2020PTC087465

Company & Directors' Information:- SECURITY & SERVICES (INDIA) PVT LTD [Strike Off] CIN = U74140WB1977PTC030902

Company & Directors' Information:- I S S SECURITY PRIVATE LIMITED [Strike Off] CIN = U74920DL2000PTC103574

Company & Directors' Information:- N R V SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920CH2007PTC030824

Company & Directors' Information:- S V M SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U93090DL2006PTC153793

Company & Directors' Information:- R A R SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920DL2006PTC154147

    RFA. No. 122 of 2015

    Decided On, 23 August 2018

    At, High Court of Delhi

    By, THE HONOURABLE MR. JUSTICE VALMIKI J. MEHTA

    For the Appellant: Deepak Sabharwal, Ritika Seth, Advocates. For the Respondent: Samir Sagar Vasishta, Ashutosh Jha, Advocates.



Judgment Text

Oral:

1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit impugning the Judgment of the Trial Court dated 4.12.2014 by which the trial court has decreed the suit filed by the respondent/plaintiff/employee against the appellant/defendant/ employer and the trial court has directed reinstatement of the respondent/plaintiff/employee besides ordering the appellant/defendant/employer to pay salary from September, 2011 till August, 2012 including increments for the period.

2. I do not have to narrate the facts in detail because admittedly it is not disputed, and it could not have been disputed, that the employment of the respondent/plaintiff with the appellant/defendant is a private employment i.e. not an employment under a State/Government or an arm of the State/Government and which latter employment being a public employment which is only protected under the provisions of the Constitution.

3. Admittedly, the employment of the respondent/plaintiff with the appellant/defendant was in terms of the Employment Letter dated 18.5.1996 (Ex.PW1/2), and which contained Clause 4 providing for termination by giving two month’s notice. This Clause 4 reads as under:-

'4. That your appointment shall be subject to termination on either side by giving one month’s notice or payment of salary in lieu thereof in the first 6 months and 2 months thereafter. In the event of your resignation, the Management may accept the same with immediate effect notwithstanding the one month’s notice period.'

4. Therefore, once the contract is a private employment, and the same is terminable by two month’s notice, the ratio of the judgment of the Supreme Court in the case of S.C. Shetty Vs. Bharat Nidhi Limited AIR 1958 SC 12 applies, and which provides that a contract of private employment ceases on the period of notice being served out or pay being given in lieu of the notice period. I have had an occasion to refer to the ratio of the judgment of the Supreme Court in the case of S.C. Shetty (supra) in various cases, and the last of such case is the judgment in the case of Mrs. Malini Rajendran Vs. Federation of Hotel &Restaurant Association of India & Others, 2017 (242) DLT 167. The relevant paragraph of the judgment in the case of Mrs. Malini Rajendran (supra) is paragraph 5, and the same reads as under:-

5.(i) Though the appellant/plaintiff pleads before this Court that the appellant/plaintiff had claimed the relief of restitution of services as also damages by alleging violation of Clause 11 of the appointment letter dated 3.10.2006, however, I have not found any cause of action specifically pleaded in the plaint by making reference to Clause 11 of the appointment letter dated 3.10.2006, that the appellant/plaintiff has not been given three months notice or that the appellant/plaintiff has not being given three months salary in lieu of notice terminating services.

(ii) For the sake of arguments and assuming that the appellant/plaintiff had pleaded a cause of action of illegal termination of services by not being given three months notice or three months salary in lieu thereof, however, the law is well settled in view of the judgment of the Supreme Court in the case of S.S. Shetty Vs. Bharat Nidhi Ltd., AIR 1958 SC 12 and in which judgment the Supreme Court has held that even if there is illegal termination of contractual services of an employee, the maximum damages which an employee as a grievance of illegal termination of services is entitled to is the salary for notice period. The relevant para of the judgment of the Supreme Court in the case of S.S. Shetty (supra) is para 12 and which para reads as under:-

'12. The position as it obtains in the ordinary law of master and servant is quite clear. The master who wrongfully dismisses his servant is bound to pay him such damages as will compensate him for the wrong that he has sustained.

"They are to be assessed by reference to the amount earned in the service wrongfully terminated and the time likely to elapse before the servant obtains another post for which he fitted. If the contract expressly provides that it is terminable upon, e.g., a month's notice, the damages will ordinarily be a month's wages.... .... No compensation can be claimed in respect of the injury done to the servant's feelings by the circumstances of his dismissal, nor in respect of extra difficulty of finding work resulting from those circumstances. A servant who has been wrongfully dismissed must use diligence to seek another employment, and the fact that he has been offered a suitable post may be taken into account in assessing the damages."

5. The earlier judgments passed by this Court which have dealt with this issue in detail are the judgments in the cases of Shri Naresh Kumar Vs. Shri Hiroshi Maniwa & Ors. 2015 (224) DLT 586, Vinod Pathak Vs. American Express Bank Ltd. 2015 (153) DRJ 172 and GE Capital Transportation Financial Services Ltd. Vs. Shri Tarun Bhargava, 2012 (190) DLT 185.

6. It is in no manner disputed before this Court that the respondent’s/plaintiff’s services were terminated with effect from 17.8.2011 and the respondent/plaintiff has received salary for 17.8.2011 to 16.10.2011 in terms of Ex.PW1/D-3.

7(i) Learned counsel for the respondent/plaintiff argued that the respondent/plaintiff was in fact after his employment with the appellant/defendant, subsequently employed with the sister concern of the appellant/defendant, namely, M/s International British Garments Company Limited, and therefore, it cannot be held that the termination of service by giving two month’s notice in terms of Ex.PW1/2 would be valid.

(ii) This argument urged on behalf of the respondent/plaintiff is meaningless because if the case of the respondent/plaintiff was that he was the employee of M/s International British Garments Company Limited, and not the appellant/defendant, then the suit would have been filed against M/s International British Garments Company Limited, whereas admittedly the suit has been filed against the appellant/defendant-M/s G4S Security Services (India) Pvt. Ltd. Even in the entire plaint there is no case set up by the respondent/plaintiff that the employment of the respondent/plaintiff originally was with the appellant/defendant and thereafter the employer of the respondent/plaintiff was M/s International British Garments Compa

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ny Limited. May be that termination notice period pay was given by M/s International British Garments Company Limited, but that would only be for and on behalf of the appellant/defendant, and which company is admittedly the employer of the respondent/plaintiff as per the plaint. Consideration to a contract need not flow only between parties to a contract as per Section 2(d) of the Indian Contract Act, 1872, because consideration can always be paid by a third person to a contract. 9. In view of the aforesaid discussion, this appeal is allowed and the impugned Judgment of the Trial Court dated 4.12.2014 is set aside. Suit of the respondent/plaintiff will stand dismissed. Parties are left to bear their own costs.
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