CAPT VIJENDER SINGH CHAUHAN Vs. PARSVNATH DEVELOPERS LD

JUDGEMENT

(1.) I.A.19830/2014

(2.) The plaintiff had initially filed the present suit under the provisions of Order XXXVII of the Code of Civil Procedure. The application for leave to defend filed by the defendant was allowed by this Court by an order dated 25.08.2014 when unconditional leave was granted to the defendant. Mr. Singh, counsel for the plaintiff submits that the plaintiff has claimed various amounts including deficit salary, salary in lieu of notice, gratuity, interest and charges for legal notice, the total being Rs.58,76,000/-.

(3.) Reliance is placed by the learned counsel for the plaintiff on the letter of appointment dated 28.03.2008. The first submission of Mr. Singh, counsel for the plaintiff is that the letter of appointment is an admitted document. As per this document either party was given the right to terminate/leave service on three months' notice or pay gross salary in lieu thereof. Counsel submits that the plaintiff had resigned from the defendant company. A communication dated 10.09.2012 sent by email on 10.10.2012 at 6:00 p.m. is also relied upon wherein the plaintiff requested the defendant to accept the resignation with effect from the date of despatch of the letter. It was also communicated to the defendant that in the alternate he would have no objection if his resignation is accepted with immediate effect provided he is paid three months gross salary upto 09.01.2013 and other benefits accrued to him. It is the case of the plaintiff that the resignation of the plaintiff was accepted on the very next day i.e. 11.10.2012, the plaintiff was asked to return all the official equipments, files and record and to obtain NOC from the department. Counsel for the plaintiff submits that the acceptance of the resignation letter would amount to an admission by the defendant as the defendant decided to relieve the plaintiff of his duties on the very next day and, thus, salary would have to be paid to the plaintiff for three months.