Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. VII, R.11 ---Rejection of plaint---Suit by servant for damages for termination of his service---Refusal of Trial Court to reject plaint for not disclosing cause of action---Validity---Defendant (employer) being a corporate body had neither statutory status nor was State-owned managed concern, but was a private person in eye of law---Plaintiff-servant had same status---Terms and conditions of employment between parties were not governed by any statutory rules---Parties out of their free consent and will had entered into a valid contract of employment settling down terms and conditions of employment terminable by one month notice from either side---Plaintiff in the plaint had admitted his employment to be contractual---Contents of plaint read with contract documents filed by plaintiff revealed that defendant had exercised its right of termination within four corners of the contract---Such admitted facts had never required evidence---Defendant could sever employment of plaintiff without assigning any reason---High Court accepted revision petition and. set aside impugned order, resulting in rejection of plaint under O. VII, R.11, C.P.C. (b) Master and servant--- ---- Termination of service in violation of contract or without notice or without assigning reason---Cause of action---Remedy of servant---Neither unwilling master can be forced to keep servant into his service nor unwilling servant can be forced to serve his master---Court cannot annul termination of service, even if the same be in violation of contract--­Remedy of servant in case of wrongful termination of his service would be to claim damages from master. --Where contract contains provisions for termination of service of servant, then employer is not required to assign any reason therefor---Premature termination without mentioning reason or in absence of reason would not give cause of action to the servant to claim damages from employer except to claim salary, in lieu of notice period---Principles. There are no fetters and checks upon the rights of a master to terminate the services of his servant according to his own evaluation, decision and wisdom. Even if…

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