AVINESHWAR SAWHNEY Vs. J K INDUSTRISE LTD

JUDGEMENT

(1.) THE appellant herein (plaintiff in the Suit) was an employee of the respondent J. K. Industries Ltd. He was employed as Production Manager in the Tyres and Tubes Division of the respondent vide appointment letter dated 4. 9. 1975. A service agreement was also executed between the appellant and the respondent on 24. 10. 1975. After few months the respondent sent the appellant to America for training at the plant of the general Tyres International at Akron-OHIO and Waco-Texas. An agreement for training abroad was also executed in this behalf on 6. 1. 1976. After completion of the training course in the United States of America the appellant returned to India and rejoined his duties on 5. 4. 1977 as a production Manager.

(2.) FIVE months after resumption of duties, his services were terminated vide letter dated 6. 9. 1977 and he was asked to settle his dues at the Head office at New Delhi. The appellant challenged his termination by filing Suit no. 746/1978 in this Court. The case put up by him was that as per the terms and conditions of the appellant, he was entitled to serve for a minimum period of 5 years from the date of joining and he had a right to continue till 31. 5. 1981. He thus sought damages on the plea that termination of his services was wrongful and contrary to his terms and conditions of his appointment. He claimed damages in the form of arrears of salary from 6. 9. 1977 to 31. 5. 1981. In addition he also claimed employer's contribution to the provident fund, damages on account of loss of perquisites, refund of security deposit, interest and pay in lieu of privilege leave earned upto the termination of the services. He also sought declaration to the effect that he was entitled to retain the car on payment of Rs. 5,460/- payable under subsidized car purchase scheme in force in the respondent company.

(3.) BY the impugned judgment and decree dated 19. 9. 1985 the suit of the appellant is partly decreed. It is held that he is entitled to six days salary of september, 1977, three months notice pay, arrears of salary due to increment for the period July and August, 1977. He is also given privilege leave earned pay to the tune of Rs. 4, 224. 70p. The learned Single Judge has held that the appellant is also entitled to security deposit of Rs. 2, 804/-besides interest of Rs. 167. 44p thereupon. In this manner, a decree in the sum of Rs. 18, 355. 61p is passed in his favour. Insofar retention of Fiat car by the appellant is concerned, declaration to that effect is also granted in his favour on payment of Rs. 5, 460/ -. The ultimate relief granted on this basis is that out of 18, 355. 61p, Rs. 5, 460/- would be deducted as balance price of the car and decree for net amount of Rs. 12, 895. 61p with proportionate costs of the suit is passed in his favour and against the respondent. Pendente lite interest @ 6% p. a. is also granted. Insofar as issue of the validity of the termination is concerned, that is decided against the appellant and, therefore, holding the termination to be valid and lawful, no damages on this account are granted in his favour. Suit to that extent is dismissed.