BRITISH AIRWAYS PLC Vs. BARUNENDRA NATH BASU

JUDGEMENT

(1.) This appeal which is directed against the ad-interim order of injunction dated 30th May, 2001, passed by the learned Judge, 5th Bench, City Civil Court at Calcutta, in Title Suit No. 705 of 2001, has been referred to this Bench by the Hon'ble Chief Justice under Clause 36 of the Letters Patent, read with section 98(2) of the Code of Civil Procedure in view of the difference of opinion between the learned judges who had heard the appeal and had delivered separate judgments on 18th September, 2001*.

(2.) The defendant/appellant, British Airways PLC, is a company incorporated under the laws of the United Kingdom and is not a Government company within the meaning section 617 of the Companies Act, 1956. The plaintiff/respondent was working as Senior Reservation Assistant, Customers' Service, under the appellant company. It appears that on a charge of in-subordination a disciplinary proceeding was commended against the plaintiff/respondent and he was served with a charge-sheet and was also placed under suspension by an order dated 15th June, 1998.

(3.) The plaintiff / respondent submitted his written explanation on 20th June, 1998, and prayed for withdrawal of the order of suspension and the charge-sheet. Subsequently, by a letter dated 13th July, 1998, the plaintiff / respondent was asked to appear before the Enquiry Officer. The plaintiff/respondent appeared before the Enquiry Officer on various dates and made several applications for production of witnesses and documents and also prayed for the assistance of a lawyer, all of which were alleged to have been rejected by the Enquiry Officer. On conclusion of the enquiry, the Enquiry Officer submitted his report wherein the charges against the plaintiff/respondent were found to have been proved. A show-cause notice was thereafter issued on behalf of the appellant company to the plaintiff / respondent asking him to show-cause as to why he should not be dismissed from service.