S M MURRAY Vs. FENNER INDIA LIMITED

JUDGEMENT

(1.) The plaintiff, an employee of defendant No. 1, filed this suit for recovery of damages amounting to Rs. 2.78.500.00 on account of breach of service contract, and he also prayed for relief of injunction against allithe defendants from dispossessing him from certain premises given to him bylvirtue of his employment.

(2.) There are four defendants. Defendant No. 1 is a limited company, and defendants Nos. 2, 3 and 4 were its Directors during the relevant time. Claim of any relief against defendants Nos. 2, 3 and 4 does not survive for consideration as facts would show. Nothing was also said by the plaintiff as to how any relief could be claimed against these defendants. The suit against defendants Nos. 2, 3 and 4 has to be dismissed. Reference to the defendant hereinafter would, therefore, mean defendant No. 1 only.

(3.) The service agreement in question is dated 18-2-1981 and is between the plaintiff and the defendant (Ex. P-2). Though the plaintiff claimed that terms of his employment were governed by the agreement Ex. P-2 and the resolutions passed by the Board of Directors of the defendant and Office Orders, the defendant claimed that conditions of service of the plaintiff were governed only by agreement Ex. P-2.