AASHISH RASTOGI vs. TATA AFRICA HOLDINGS GHANA LTD. [2019]DLHC10177

Date	2019-07-25
Suit No.	SUIT NO. IL/041/2019
Citation No.	[2019]DLHC10177

LADYSHIP ANANDA J. AIKINS (MRS).

[2019]DLHC10177
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													<main id="main" class="content" style="min-height: 60rem" >AASHISH RASTOGI<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>TATA AFRICA HOLDINGS GHANA LTD.<o:p></o:p>(DEFENDANT)<o:p></o:p>[HIGH
COURT, ACCRA]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

SUIT
NO. IL/041/2019&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 25TH JULY, 2019<o:p></o:p>

</div>CORAM:<o:p></o:p>LADYSHIP
ANANDA J. AIKINS (MRS).<o:p></o:p><div style="border-top-width: 1.5pt; border-top-color: windowtext; border-left: none; border-bottom-width: 1.5pt; border-bottom-color: windowtext; border-right: none; padding: 1pt 0cm;">

<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
border:none;mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">RULING<o:p></o:p>

</div>The present application is a request by
the plaintiff/applicant for an order of the Court entering judgment on
admission in favour of the plaintiff against the defendant/respondent in
respect of reliefs A, D (v) and E endorsed on the plaintiff’s Writ and
Statement of Claim.&nbsp; The plaintiff says
that once the defendant has admitted in paragraph 21 of its Statement of Defence
and counterclaim that it made the plaintiff redundant, the plaintiff is
entitled to judgment on his first relief as per his Writ of Summons and
Statement of Claim.<o:p></o:p>The plaintiff further stated that the
defendant also admitted in paragraphs 17 and 34 of its Statement of Defence and
counterclaim that the plaintiff was entitled to repatriation expenses relating
to the cost of his travel arrangements back to his home country of India and
therefore the plaintiff was also entitled to judgement on admission in respect
of reliefs D (v) and E endorsed on his Writ of Summons and Statement of Claim.<o:p></o:p>The defendant/respondent has opposed
this application on ground that in its estimation the redundancy of the
plaintiff “was not of the type that
leads to negotiations and the payment of a redundancy pay.”<o:p></o:p>The defendant also stated that the
entering of judgment on admission in respect of reliefs D (v) and E in favour
of the plaintiff would amount to dishonesty and unjust enrichment on the part
of the plaintiff/applicant since he has by virtue of Exhibit SKD1 (attached to
the defendant’s affidavit in opposition) shown that he has found himself a new
job in Ghana and therefore has no intention of relocating to India any time
soon.<o:p></o:p>The Court has considered the affidavit
evidence of both parties and the submissions of both Counsel and the Court is
of the opinion that it is premature at this stage to enter judgment in favour
of the plaintiff on the said reliefs A, D (v) and E since the Court has not had
the opportunity to see or peruse the terms or conditions under which the
plaintiff was employed by the defendant to enable the Court to make any
definitive pronouncements on whether or not he is entitled to a redundancy pay
and also because the plaintiff, by his own showing, has been able to secure
employment in Ghana and has also been able to renew his residence permit for a
year. It is therefore clear that the plaintiff is not relocating to his home country
soon.<o:p></o:p>In the light of the foregoing reasons
the application for judgment on admission in respect of reliefs A, D (v) and E
is refused. There is no award of cost against the plaintiff/applicant.<o:p></o:p>Case to take its normal course.<o:p></o:p>(SGD)<o:p></o:p>JUSTICE
ANANDA J. AIKINS (MRS)<o:p></o:p>JUSTICE
OF THE HIGH COURT<o:p></o:p>&nbsp;&nbsp;&nbsp;

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