R.RAMANUJAN Vs. PENINSULAR SOFTWARES LTD

JUDGEMENT

(1.) The plaintiff in a suit for settlement of accounts filed as O.S.No.197 of 2002 before the Sub Court, Ernakulam is challenging the judgment and decree, allowing the plaint claim in part, against the defendants/respondents in this appeal.

(2.) Facts relevant, in brief are as follows: The 1st defendant is a company presently known as M/s. Peninsular Softwares Ltd. The 2nd defendant is the Managing Director and the 3rd defendant is the Director of the company. The plaintiff was appointed as the Vice President (Operations) of the company as per an appointment order dated 1.1.1996. He joined the company on 8.1.1996. His monthly salary was fixed as Rs. 9850.00. Though he had to retire on superannuation on 27.4.1997 his period was extended as per Clause 12 of Ext.A1 appointment order and thereafter the company as per the resolution dated 23.11.1998 extended his service and authorised him to visit Dubai for setting up a unit of the company. He was sent to Dubai along with one Ajaykumar on 31.12.1998 and he remained there till 1.3.1999. But arrangements for food and accommodation were not made by the company as promised and so he had to return from Dubai. He continued in service till 7.4.1999. As salary and tour expenses, he was entitled to get Rs. 2,19,214.65.00 but the same was not paid in spite of notice dated 21.3.1999 and 1.4.1999. Hence the suit.

(3.) The defendants/respondents resisted the suit on various grounds but admitted that the plaintiff was employed in the company and when attained the age of superannuation, he retired from the company. But taking into consideration of his experience when a new project was proposed to be set up at Dubai, the Board of Directors decided to send him with one Mr. Ajaykumar to Dubai. But, the plaintiff after reaching there tried to set up a company in his individual capacity and so the defendants were compelled to get his visa cancelled. The company was not liable to pay the amount claimed by the plaintiff/appellant.