1977 (11) TMI 150 - SCH - Indian Laws

Summary

The Supreme Court of India dismissed an appeal by a workman who was terminated by his employer, ruling that the suit lacked essential averments to establish a cause of action for illegal dismissal. The High Court had previously rejected the appeal on the basis that crucial facts, such as the consideration of the worker's past record in the dismissal decision, were not included in the plaint. The Court emphasized the absence of this material fact as sufficient to dismiss the suit, without delving into the question of the suit's maintainability. Additionally, the respondent agreed to make an ex gratia payment of Rs. 5,000 to the appellant, with each party bearing their own costs.