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
The court decreed a permanent prohibitory injunction against the defendant, restraining them from proceeding with disciplinary action against the plaintiff. The plaintiff was also awarded costs.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The unrebutted oral testimony of PW1 and Ext. A1 to A8 established her case as pleaded by her.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Sheeba Azeez
- Party Age
- 43
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- M. Squared Software and Service Pvt. Ltd.
- Relation
- represented by
Plaintiffs Documents
A1 04.05.2009 Original of appointment letter, A2 01.07.2012 Original of promotion letter, A3 - Computer generated copy of claim form 19/10CWB/31, A4 - Certificate under Section 65B(4) of Indian Evidence Act, A5 - Original of notice issued by the Deputy Labour Commissioner in G.C. No.323/2018, A6 22.02.2019 Original Memo of charges, A7 21.03.2019 Original of letter issued by defendant, A8 08.04.2019 Original of letter issued by Adv. Jithu S. Babu.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Arun Prasath C.
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Sheeba Azeez vs M. Squared Software and Service Pvt. Ltd. regarding permanent prohibitory injunction.
Case Code Year
Case between Sheeba Azeez vs M. Squared Software and Service Pvt. Ltd. regarding permanent prohibitory injunction.