BINOD SAHARIA Vs. PRAG BOSIMI SYNTHETICS LTD

JUDGEMENT

(1.) Heard Mr. BK Ghosh, Senior Advocate assisted by Mr. N. Chakraborty, learned counsel for the appellant and also heard Mr. RP Sarma, learned counsel for the respondents.

(2.) This appeal has been preferred against judgment and decree dated 10.3.2000 passed by the learned Civil Judge (Senior Division), Darrang, Mangaldoi in Money Suit No.2 of 1992. The suit was partly decreed at Rs. 50,800 on contest with costs which was later on corrected as Rs.60,800 vide order dated 5.6.2000 due to the clerical/arithmetical mistake committed in calculating the decretal amount. The only grievance of the appellant in this appeal is that though suit was partly decreed, the main relief sought in the money suit has not been redressed.

(3.) The facts in brief are that the appellant as plaintiff instituted the present money suit against the defendants/respondents for payment of arrear salaries, outstanding bill and damages for wrongful dismissal from service. His case was that he was appointed as Manager (Electrical) by the defendant-respondent No.1 vide appointment letter dated 4.7.89. As per terms and conditions stipulated in the said appointment letter, appellant was appointed on a monthly consolidated salary of Rs. 12,000. Besides such fixed salary, he was also inter alia entitled to children education allowances of Rs.2,400 per annum, company's contributory provident fund with company's contribution @ 10% of the consolidated salary, superannuation benefit with company's contribution therein @ 15% of the consolidated salary and annual leave fair concession of Rs.6,000 per annum as stipulated in Clauses 9,10,11 and 13 respectively of the above mentioned terms and conditions of the appointment.