Application for Reinstatement with Full Back Wages and Continuity of Service

SUIT FOR REINSTATEMENT BY SPECIFIC PERFORMANCE AND ARREARS OF BACK WAGES (OR SALARY)

IN THE COURT OF THE....................

Suit No..................... of 19....................

C. D.................................................................... Plaintiff

versus

C. F................................................................. Defendant

The abovenamed plaintiff most respectfully submits as under: ?

1. On the.................... day of.................... 19.................... the plaintiff and the defendant mutually agreed that the plaintiff should serve the defendant as (an accountant, or in the capacity of foreman, or as the case may be), and that the defendant should employ the plaintiff-as such for term of one year and pay him for his service,.................... rupees (monthly).

2. On the.................... day of.................... 19..................... the plaintiff entered upon the service of the defendant in such services and has ever since been, and still is, ready and willing to continue in such services during the remainder of the said year whereof the defendant always has had notice.

3. On.................... day of.................... 19..................... the defendant wrongfully discharged the plaintiff and refused to permit him to serve as aforesaid, or to pay him for his services.

4. The cause of action arose within the jurisdiction of this Court when the defendant discharged the plaintiff on.................... 19.................... without payment of his back wages earned and due.

5. The valuation of the suit for the purposes of jurisdiction is.................... rupees, and for the purposes of court fee on the relief of injunction is.................... rupees, and Court fees is paid on both reliefs.

6. The balance of convenience is in favour of the plaintiff employee, and it is expedient that the plaintiff be reinstated in service of the defendant and his back wages and wages pendente lite be ordered to be paid to the plaintiff

Plaintiff

Through Advocate

VERIFICATION

I, abovenamed plaintiff, do hereby verify that the contents of paras .................... to.................... of the plaint are true to my personal knowledge and those of paras.................... and.................... thereof are based on legal advice which I believe to be true.

Verified on this................. day of.................... 19.................... at....................

Plaintiff

CASE LAW

Where a suit for specific performance coupled with prayer for possession filed against a person who was not a party to the contract that is, stranger the suit would not be maintainable as specific performance could not be claimed against such person.1

The court can go behind the plaint to find out the real nature of the relief claimed by the plaintiff and the liability to pay the court fee cannot be avoided by any device of disguising the real relief.2

Section 16(c) of the Specific Relief Act makes it obligatory for the plaintiff to aver in the plaint and also to prove that he has performed or has always been needy to perform the essential terms of the contract which are to be performed by him.3

DECREE FOR SPECIFIC PERFORMANCE.

In a decree for specific performance grant of extension of time for deposit of consideration amount by court is not automatic or perfunctory & discretion is to be exercised when decree-holder has made out a sufficient cause.4

SUIT FOR SPECIFIC PERFORMANCE (S. 10)

Suit for specific performance of contract by way of registration of sale deed is maintainable not-with-standing alternative remedy under section 77 of Registration Act to obtain registration of executed document.5

PERSONAL BARS TO RELIEF (SECTION 16 OF SPECIFIC RELIEF ACT)

Specific performance may not be granted to plaintiff who fails to appear and to prove readiness and willingness to perform his part of agreement.6

SUIT FOR SPECIFIC PERFORMANCE

Under Section 19(b) of Specific Relief Act, onus is on subsequent purchaser to prove that

IN THE HIGH COURT OF DELHI AT NEW DELHI
CIVIL ORIGINAL (EXTRA-ORDINARY) JURISDICTION

WRIT PETITION (CIVIL) NO. OF 20__
(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)

IN THE MATTER OF:

________________________S/o______________________R/o_______________________  PETITIONER

VERSUS

1. ABC Company Ltd having its registered office at_____Through its Chairman____                                                 RESPONDENT NO. 1
2. The Managing Director

ABC Company Ltd                                                  RESPONDENT NO.2

WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING INTER ALIA FOR QUASHING THE IMPUGNED ORDER DATED ____PASSED BY RESPONDENT NO.1 AND REINSTATING THE PETITIONER IN SERVICE WITH ALL CONSEQUENTIAL BENEFITS INCLUDING BACK WAGES

To,
The Hon'ble Chief Justice of High Court,

And His Companion Judges of the

Hon'ble High Court of Delhi.

The humble petition of the
Petitioner above named.

THE PETITIONER MOST RESPECTFULLY SHOWETH:

1. That the Petitioner is filing the present writ petition under article 226 of the constitution of India praying inter alia for quashing the impugned order dated ____ passed by Respondent No. 1______ and reinstating the petitioner in service with all consequential benefits including back wages.

2. That the petitioner is a citizen of India and is