Termination and stay

Querist : Anonymous (Querist) 17 September 2011 This query is : Resolved
X is an employee of a public sector company. He was terminated without any notice, no allegation no enquiry. Violation of principles of natural justice.
Filed writ for stay and quash. Writ petition filed after 3 weeks after termination.
Can you please help me in providing a case law for obtaining stay after termination?

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ajay sethi (Expert) 17 September 2011
when x was terminated he must have been given termination letter what are the contents? in addition do you have the appointment letter?

writ is mintanable when you dont have any alternative remedy . in the present case you can file suit for damages against the company

Raj Kumar Makkad (Expert) 17 September 2011
As termination has taken effect so no question of say order arises and now option is o challenge the action only.

Shastri J.K. (Expert) 17 September 2011
termination can not be stay.

Querist : Anonymous (Querist) 17 September 2011
I too was in the same opinion, that termination can not be stayed. But, in a madras case Pilot vs. Air India, the single judge had stayed the termination. Air India not honoured the stay. Pilot initiated the contempt. Pilot job restored.

But, this will not bind another single judge.

I do not have a similar judgement,of a higher forum like division bench or SC.

prabhakar singh (Expert) 17 September 2011
your anxiety is correct but experts have no citation for you.

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