1. I Master of a ship, Plaintiff has filed a original side Suit 527 0f 2005 in Bombay high Court against his employer shipping co. for victimizing me, and for declaring an alleged termination letter dated 20.9.2004 as illegal bad in law, payment of my salary and arrears as per my service agreement and making my EPF fund operative which is made dormant by the defendant.
2. The defendant from time to time has made contradictory submissions on oath before the high court “sometimes saying YES and sometimes NO” to my termination. The Plaintiff filed a CP No. 7 0f 2012, the court took cognizance of the contempt as interference in course of justice referring it to the division bench. However the division bench hearing contempt petition did not send contempt notice, informing the Plaintiff verbally that the Defendant being a corporation and sending notice is prerogative of the court and CP is disposed off, but the Suit hearing is not yet started.
3. From documentary evidence available, the Plaintiff can prove either of the issue mentioned below.
(i) The Plaintiff continuous in service of the Defendant arbitrarily not paid salary, provident funds made dormant and victimized.
(ii) The plaintiff’s services are illegally terminated, not paid salary provident funds made dormant and victimized.
the counsel appearing for Defendants in my suit is pressing the court to frame one of the fallowing issue, what does this issue means?
"Whether the defendants prove that the reliefs claimed in the
suit are in the nature of specific performance of contract of
personal employment ? If so, whether the suit lodged is maintainable"
Experts are requested to inform, if this issue is applicable in my matter and how suit will not be maintainable .Sir, Please help me I do not understand the meaning of this issue at all. I am Plaintiff in person. 91-9821291594