AIRLINES ALLIED SERVICES LIMITED Vs. ASHOK KUMAR MALHOTRA

JUDGEMENT

(1.) This is an appeal preferred by the appellant / defendants under Order XLI read with Section 96 of the Code of Civil Procedure, 1908 impugning the judgment dated March 1, 2016 passed by the Additional District Judge, Saket Courts, in the suit bearing No. 241/15, with the following prayers:

(2.) For the sake of convenience the appellant and the respondent in the present appeal, shall hereinafter be referred to as defendant and plaintiff respectively. The facts in brief are as follows. The plaintiff joined the services of the defendant on July 01, 2004 for a period of one year till June 30, 2005 and a Fixed Term Agreement dated July 01, 2004 ("FTEA", for short) to this extent was executed between them. The FTEA also provided the details of pay, allowances and benefits payable to the plaintiff including Flight Related Allowances ("FRA", for short) comprising of flying allowances, and executive allowances. Article VII of the FTEA, which deals with the pay and allowances was amended vide letter of agreement/amendment dated August 04, 2005 w.e.f. October 01, 2004. Subsequently, period of service of the plaintiff was extended from July 1, 2005 to June 30, 2006 and thereafter vide letter of extension / amendment of agreement, dated June 20, 2006, the FTEA was extended for a further period of commencing from July 1, 2006 to June 30, 2011. Article VII of the FTEA was revised w.e.f. August 01, 2006 and further revised w.e.f. February 14, 2008 through a letter of agreement/ amendment executed on February 14, 2008.

(3.) It was the case of the plaintiff before the Trial Court that his services were terminated by the defendant vide termination notice dated January 12, 2010 against the terms of contract of service executed between the parties and that the defendant did not pay the complete salary and allowances due to the plaintiff w.e.f. September, 2009 to January 12, 2010. Thus, the suit was filed by the plaintiff for recovery of Rs.16,82,712/- along with pendente lite interest and future interest and litigation expenses towards the alleged dues of salary and allowances not paid by the defendant.