Case Summary
Sheeba Azeez filed a suit against M. Squared Software and Service Pvt. Ltd. for a permanent prohibitory injunction, alleging that the defendant had initiated illegal disciplinary proceedings against her. The plaintiff sought relief after being denied her gratuity amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction and costs of suit.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff's case was supported by unrebutted oral testimony and documentary evidence.
The plaintiff's case was supported by unrebutted oral testimony and documentary evidence.
Judgment Evidence:
In the result, suit decreed with costs... A decree of permanent prohibitory injunction is passed restraining the defendant from proceeding with the disciplinary action.
Parties Involved
Plaintiffs
Sheeba Azeez (43 years years)
5C, Regal Palms, Ermath Road, Chembumukku, Kakkanad, Cochin -682030
Defendants
M. Squared Software and Service Pvt. Ltd. (Age not specified years)
M. Squared Building, Technopark Campus, Thiruvananthapuram, Pin-695581
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A decree of permanent prohibitory injunction is passed restraining the defendant from proceeding with the disciplinary action against the plaintiff.
Evidence:
In the result, suit decreed with costs as follows: A decree of permanent prohibitory injunction is passed restraining the defendant from proceeding with the disciplinary action, including Domestic Enquiry, against the plaintiff based on the Memo of Charges with statement of allegations dated 22.02.2019 issued by the defendant.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to get costs of suit from defendants and from its assets.
Evidence:
The plaintiff is entitled to get costs of suit from defendants and from its assets.
Documents & Evidence
Document Type:
Original of appointment letter
Submitted By:
Plaintiff
Relevance:
Proves employment and terms of service.
Reference:
Ext.A1
Document Type:
Original of promotion letter
Submitted By:
Plaintiff
Relevance:
Demonstrates plaintiff's promotion within the company.
Reference:
Ext.A2
Document Type:
Computer generated copy of claim form
Submitted By:
Plaintiff
Relevance:
Supports the claim for gratuity settlement.
Reference:
Ext.A3
Document Type:
Certificate under Section 65B(4) of Indian Evidence Act
Submitted By:
Plaintiff
Relevance:
Validates the admissibility of Ext.A3.
Reference:
Ext.A4
Document Type:
Original of notice issued by the Deputy Labour Commissioner
Submitted By:
Plaintiff
Relevance:
Establishes legal proceedings for gratuity.
Reference:
Ext.A5
Document Type:
Original Memo of charges
Submitted By:
Plaintiff
Relevance:
Indicates the disciplinary action initiated by the defendant.
Reference:
Ext.A6
Document Type:
Original of letter issued by defendant
Submitted By:
Plaintiff
Relevance:
Communicates the process of the domestic enquiry.
Reference:
Ext.A7
Document Type:
Original of letter issued by Adv. Jithu S. Babu
Submitted By:
Plaintiff
Relevance:
Notifies the plaintiff of the enquiry proceedings.
Reference:
Ext.A8