NOORUL AMIN Vs. KAAR TECHNOLOGIES INDIA PVT LTD

JUDGEMENT

(1.) The suit has been filed for declaration that the termination of the Independent Contractor Agreement dated 01.04.2010 is bad in law and illegal and for a direction against the defendant to pay a sum of Rs.7,38,842/- as on 04.11.2010 together with interest @ 80% p.a. till the date of realisation and for a further direction against the defendant to pay a sum of Rs.20,00,000/- as damages as on 10.11.2010 together with interest and for costs.

(2.) The plaintiff who is an Engineering graduate had worked at various companies and had joined the defendant Private Limited Company as Senior SAP Technical Consultant with a salary of Rs.13 lakhs per year. The defendant company is in the business of software services. The plaintiff was deputed to work in Saudi Arabia by letter dated 30.04.2009 and his salary was fixed at 286 US$ per day apart from salary other allowances like local conveyance facility, medical insurance, accommodation and two way air tickets were offered during the course of the project. The plaintiff joined the defendant company on 18.05.2009 and had stated that he faced many difficulties during his work period. It has been further stated that by e-mail dated 05.02.2010, the plaintiff resigned the job with effect from 05.03.2010. The defendant agreed to relieve the plaintiff from 31.03.2010 and agreed to take the plaintiff as Independent Consultant from 01.04.2010. This was confirmed by the defendant by e-mail dated 11.02.2010 and it was also accepted by the plaintiff by e-mail dated 11.02.2010. The plaintiff worked till 31.03.2010, the defendant did not issue relieving order till 17.04.2010. In the meanwhile, the defendant and the plaintiff entered into an Independent Contractor Agreement on 01.04.2010. According to the agreement the following are the main terms and conditions:-

(3.) According to the plaintiff, the defendant did not pay the remuneration on the agreed dates. The salary for the month of May 2010 which was due on 16.06.2010 was paid on 22.06.2010, causing much hardship and loss to the plaintiff. The plaintiff by e-mail dated 21.06.2010 informed the defendant that he would like to terminate the agreement by 20.07.2010 and gave one month notice. The defendant discussed the issue with the plaintiff and by e-mail dated 14.07.2010, it was agreed by the plaintiff that he would continue his work till 31.08.2010. However, on 03.08.2010 the plaintiff's Kaar e-mail ID was blocked. By e-mail dated 04.08.2010, the defendant informed the plaintiff that his service towards Aramco e-banking project are not required and terminated the service of the plaintiff under clause 8 (c) of the Agreement. By e-mail dated 05.08.2010 the defendant again issued notice of termination to the plaintiff as per clause 8 (c) of the contract. It has been stated that his remuneration will be settled between 16th and 20th August for the month of July 2010 and till 4th August 2010.