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O.S. No. 557 /2019

Case between Jinsu Joseph vs Tamilnad Mercantile Bank Ltd et al regarding realization of money

Court
II Additional Munsiff, Ernakulam
Judge
Smt.Needi.K. Dinamany
Order Date
2024-06-06
Duration
approximately-5 years 2 months

Judgement document from eCourt website

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Case Summary

Jinsu Joseph, the plaintiff, filed a suit against Tamilnad Mercantile Bank and its branches over a dispute concerning salary entitlements after his resignation. The plaintiff claims he was owed money due to the bank's actions, which he argues caused him mental distress.

Judgment Outcome

Defendant Won
Interim Order
The suit filed by the plaintiff for recovery of money was dismissed as the court found no merit in the claim. The defendant bank’s demand for three months' salary compensation was deemed not illegal.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The court upheld that the defendant bank acted within its rights according to the service agreement, which stipulated terms for notice regarding resignation.

Judgment Evidence:

In the result, suit is dismissed.

Parties Involved

Plaintiffs

Jinsu Joseph (39 years years) 8-B, Trinity High Grove, Opp.Govt.Model Engineering College, Thrikkakara.P.O., Kakkanad, Ernakulam – 682 021

Defendants

Tamilnad Mercantile Bank Ltd (Age not specified years) Dr.Nangappa Road Branch, Opp.V.O.C Park, Coimbatore – 641 018 Tamilnadu Mercantile Bank Ltd (Age not specified years) Head Office, 57, V.E.Road, Thoothukudi – 628 002

Reliefs

Relief Type: Recovery
Outcome: Refused
Description:
Plaintiff sought the recovery of Rs.1,37,602/- from the bank.
Evidence:
Hence the contention of the plaintiff that he is entitled to get back two months salary from the defendant bank as they illegally recovered three months salary from the plaintiff as compensation is not tenable.

Documents & Evidence

Document Type: Joining Letter
Submitted By: Plaintiff
Relevance:
The joining letter indicates the plaintiff's start date with the bank.
Reference:
Ext.A1
Document Type: Resignation Letter
Submitted By: Plaintiff
Relevance:
The resignation letter submitted by the plaintiff to the bank.
Reference:
Ext.A2
Document Type: Reply to Resignation Letter
Submitted By: Plaintiff
Relevance:
The defendants' reply to the plaintiff's resignation letter.
Reference:
Ext.A3
Document Type: Response to Reply
Submitted By: Plaintiff
Relevance:
The plaintiff's response to the defendants' reply regarding resignation.
Reference:
Ext.A4
Document Type: Communication
Submitted By: Plaintiff
Relevance:
A communication regarding the notice period required by the bank.
Reference:
Ext.A5
Document Type: Request for Compensation
Submitted By: Plaintiff
Relevance:
The plaintiff's request for compensation submitted to the bank.
Reference:
Ext.A6
Document Type: Acceptance of Resignation
Submitted By: Plaintiff
Relevance:
The email confirming acceptance of the plaintiff's resignation.
Reference:
Ext.A7
Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Includes the cheque issued by the plaintiff to the bank.
Reference:
Ext.A8 series
Document Type: Grievance Letter
Submitted By: Plaintiff
Relevance:
The grievance letter submitted by the plaintiff to the bank.
Reference:
Ext.A9
Document Type: Reply to Grievance
Submitted By: Plaintiff
Relevance:
The bank's response to the plaintiff's grievance letter.
Reference:
Ext.A10
Document Type: Service Agreement Bond
Submitted By: Plaintiff
Relevance:
The bond that outlines the terms of employment including notice periods.
Reference:
Ext.A11
Document Type: Offer letter
Submitted By: Defendant
Relevance:
The offer letter issued to the plaintiff by the bank.
Reference:
Ext.B1
Document Type: Service Agreement
Submitted By: Defendant
Relevance:
The service agreement outlining the employment terms.
Reference:
Ext.B2
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
This includes the oral testimonies of witnesses.
Reference:

Quick Facts

Location
Ernakulam
Case Filed
Mon, 04/01/2019 - 12:00
Outcome Confidence
80%

Involved Entities

Private Individual

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