LAWS(SC)-2007-5-125

C GUPTA Vs. GLAXOSMITHKLIN PHARMACEUTICAL LIMITED

Decided On May 25, 2007
C. GUPTA Appellant
V/S
GLAXO SMITH KLIN PHARMACEUTICAL LIMITED Respondents

JUDGEMENT

(1.) Appellant calls in question legality of the judgment rendered by a Division Bench of the Bombay High Court dismissing the writ appeals filed by the appellant. Both the appeals were filed to set aside the common judgment and order passed in Writ Petition nos. 462/95 and 695/96 by a learned Single Judge on 13.4.1999.

(2.) The background facts in a nutshell are as follows:

(3.) On 4.8.1976 Glaxo Laboratories (India) Ltd., (hereinafter referred to as the "said Company") which has now been taken over by the present respondent no. 1 (Glaxo-SmithKline Pharmaceuticals Ltd.) indicated their intention to advertise the post of "Industrial Relations Executive". Since members of the staff who fell in the category of "Management Staff Grade-III" were also entitled to apply for the vacant post which fell in "Management Staff Grade-II", an advance staff notice was also taken out by the Company. The same incorporated the text of the advertisement which was to follow. The relevant part from the advertisement which pertains to the duties required to be performed by the selected candidates was as follows:-