SUBIR GUHATHAKURTA Vs. JOHANSON AND JOHNSON LTD

JUDGEMENT

(1.) This appeal is arising out of an order dated 6th January. 2005 whereby the Hon'ble First Court was pleased to set aside the order and/or Judgment passed by the learned Tribunal.

(2.) Facts of the case briefly are as follows: Appellant was appointed by the respondent company as a Medical Service Representative (hereinafter referred to as MSR) on probation at a monthly salary of Rs.250/-. On 27th June, 1973 such appointment was confirmed by the company (respondent No. 1) and subsequent thereto appellant was promoted as Field Sales Officers on or about 24th December, 1981 and thereafter on 1st January, 1986 promoted to the post of Sales Trainee Officer. On or about January 1, 1988 he was promoted to the post of District Manager in the Junior Management Staff Cadre. Subsequent thereto, he was promoted to the post of Zonal Manager with effect from 1st October, 1990. It further appears that on 1st April, 1994 respondent by virtue of a Scheme of Amalgamation sanctioned by the Bombay High Court amalgamated with a company, which is a subsidiary company Ethinor Limited and the appellant became the employee of the respondent company with effect from 1st April, 1994 and thereafter he was acting as the District Manager and Zonal Manager of the respondent company.

(3.) In or about June. 1996 appellant had submitted reports of working with certain MSRs and on that account claimed re-imbursement of fictitious expenses. On 9th July, 1996 a letter was issued by the then Sales Manager of the respondent A.K. Sikdar and the appellant did not reply to the same. Thereafter on 23rd August, 1996 the then Corporate Employees' Relation Manager wrote a letter to the appellant asking him to appear before him on 30th August, 1996 at Bombay Office for his explanation to the charge made against him. On 30th August, 1996 appellant duly appeared and did not make any attempt to refute the charge against him. On 19th September, 1996 service of the appellant was terminated with effect from 19th September, 1996 after paying him three months salary in lieu of notice as per terms of Contract of Employment.