BIKASH CHANDRA SYAM Vs. MACNEILL AND BARRY LTD.

JUDGEMENT

(1.) This suit was instituted by the Plaintiff, inter alia, for a declaration that the notice dated March 23, 1964, terminating the Plaintiff's service under the Defendant No. 2 with effect from April 1, 1964, was ultra vires, illegal and of no effect, declaration that the service of the Plaintiff has been continuing alternatively decree for Rs. 5,35,062 as damages for wrongful dismissal, in the further alternative an enquiry as to the damages suffered -by the Plaintiff and decree for such sum as is found due upon such enquiry, interest and, costs. The Defendant No. 1 was at all material times and still now is the Secretary of the Defendant No. 2.

(2.) The Plaintiff's case as laid in the plaint is as follows: The Plaintiff is a graduate in Medicine and Surgery of the Calcutta University and is also a member of the Royal College of Physicians; Edinburgh. The Plaintiff was appointed at Calcutta, within the jurisdiction of this Court, Chief Medical Officer to the Defendant No. 2, Dibrugarh Medical Practice, at a basic salary of Rs. 1,250 p.m., dearness allowance Rs. 300, conveyance allowance Rs. 350 subject to confirmation after one year 'when the condition of service may be varied'. The Plaintiff was also to receive servant's wages to the extent of Rs. 300 p.m. and retirement benefit at the time of superannuation in the form of parallel insurance policies on the life of the Plaintiff to be taken out by the Defendants.

(3.) The Plaintiff joined the said post on April ], 1957, and was confirmed as a permanent employee with effect from April 1, 1958, on or about September 15, 1958, by an agreement arrived at by and between the parties whereby the conditions of the services of the Plaintiff was duly altered with the mutual consent of the parties. In accordance with the said alterations the Plaintiff was to receive a consolidated sum of Rs. 2,000 including D.A. and conveyance allowance, increment of Rs. 50 pa. on the completion of each year's service and servant's wages of Rs. 300 p.m. The said agreement regarding the conditions of service was to be in force originally for three years from April 1, 1958, and thereafter to be renewed in the usual way until retirement.