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Territorial Jurisdiction In Matters of Termination Of Service

The Delhi High Court in PKS Shrivastava vs. Union Of India And Anr, has dealt with the maintainability of a writ petition on the ground as to whether it had the territorial jurisdiction to decide it or not, as the petition was filed against an order of termination of service passed by the Ministry in New Delhi against Shrivastava, who worked as a Director of Goa Shipyard Ltd.

Upon examination, the bench agreed that a mere existence of an order in the government file does not result in a binding order for creating legal rights, and therefore, when legal rights are created only on communication and a legal cause of action is complete only on such communication, thus accordingly it is the place where the order of termination of services is communicated that would be the place where the territorial jurisdiction arises, and which is Goa, in the facts of the present case.

Article referred: http://www.livelaw.in/termination-service-jurisdiction-lies-place-communication-made-delhi-hc/

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