PYARE LAL SHARMA MANAGING DIRECTOR JAMMU AND KASHMIR INDUSTRIES LIMITED SRINAGAR Vs. MANAGING DIRECTOR:PYARE LAL SHARMA

JUDGEMENT

(1.) Jammu and Kashmir Industries Limited (hereinafter called 'company' ) is a company registered under the Indian Companies Act, 1956 and is wholly owned and managed by the State of Jammu and Kashmir. Pyare Lal Sharma was employed by the company as Chemical Engineer. His services were terminated by the Managing Director of the company on June 14, 1983. Sharma's writ petition was allowed by a learned single Judge of the Jammu and Kashmir High Court. On appeal by the company the Letters Patent Bench upheld the judgment but denied backwages to Sharma. This is how these two appeals, one by the company and the other by Sharma, are before us.

(2.) We may briefly notice the necessary facts. Pyare Lal Sharma joined the company as Assistant Chemical Engineer on July 12, 1972. In 1974 he was sent to England as management trainee but he returned back without completing the training. Sharma's conflict with the company started in 1976 when he filed a suit against the company in Jammu and Kashmir High Court with various reliefs including a direction that he be again sent to England at company's expense. The suit was dismissed and further appeal to the Division Bench was also dismissed. He then filed another suit in the Delhi High Court claiming Rs. 50 lakhs as damages from the company but the same did not proceed on technical grounds. Thereafter, it seems, Sharma started suspecting mala fide in every action of the company and resorted to court proceedings even on slight pretext. He challenged the order of transfer from Baramulla to the headquarters by way of suit in the Jammu and Kashmir High Court. Interim stay, initially granted, was vacated by the High Court. In December, 1979 he applied for leave on medical grounds without disclosing the ailment. He remained absent from December 7, 1979 to March 7, 1980 without any sanctioned leave. Disciplinary proceedings were initiated against him on the charge of unauthorised absence and he was placed under suspension on March 8, 1980. He filed Writ Petition No. 58/80 in the Jammu and Kashmir High Court against suspension. Ultimately Sharma expressed regrets and he was reinstated into service by an order dated May 15, 1980. In April, 1981 he was transferred from headquarters to one of the units. He again filed a writ petition in the Jammu and Kashmir High Court challenging the order of transfer but the same was dismissed. Thereafter he filed Writ Petition No. 4086 of 1982 in this Court which was heard by Chinnappa Reddy, J. (Vacation Judge) on 1st of June, 1982. The learned Judge passed the following order:

(3.) The writ petition was, however, dismissed as withdrawn on June 15, 1982. Sharma filed two more writ petitions being 293 of 1982 and 410 of 1982 in the Jammu and Kashmir High Court challenging the promotions of some other officers.