PREM KUMAR SHARMA Vs. N.S. BHANGOO

JUDGEMENT

(1.) This petition as well as C.O.C.P. No. 242 of 1992 re: Kewal Krishan Vs. Green Gold Eucalyptus etc. through its Managing Director, relate to almost similar facts and shall be disposed of by one order.

(2.) According to allegations of the petitioner undertaking was given by Mr. V.R. Atri, Managing Director of respondent-company namely M/s. Green Gold Eucalyptus Limited on 8.9.1989 in the court of Senior Subordinate Judge, Chandigarh, in Civil Suits Nos. 198 of 28.8.1989 and 197 of 28.8.1989, to the effect that the terms and conditions of the agreement/appointment letter of the plaintiff will not be changed and will continue working as per the terms and conditions of the agreement/appointment letter. Further undertaking was given whereby the defendant company agreed to pay the amount of commission payable to the plaintiff by the company shortly, and that the plaintiff (i.e. petitioner) in each case shall continue receiving the amount of compensation regularly before the 10th of each month. On the basis of the said statement as well as statement of the counsel for the plaintiff, a decree was passed by the said court, wherein it was specifically mentioned that the parties shall be bound by their statements.

(3.) It was further alleged in the contempt petition that the respondent company failed to pay him the amount of compensation/commission with effect from 1.10.1991 onwards which tentatively works out to Rs. 80,000.00. Secondly even though the petitioner had submitted two representations on 7th of Feb., 1992 addressed to the Director of the respondent-Company, wherein a request was made for making payment of commission/compensation/pension the respondent showing wilful disobedience to the judgment and decree of the Civil Court dated 8.9.1989 dispensed with the services of the petitioner on the same day i.e. 7.2.1992.