DSM INDIA PVT. LTD. Vs. MAANAV YASHROY

JUDGEMENT

(1.) The conspectus of the facts and material, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, is that plaintiff Maanav Yashroy son of S.R.Yashroy respondent No.1 (for brevity "the plaintiff") was working on the post of Commercial Manager with the petitioner -defendant DSM India Private Limited Company (for short "the defendant-company") as per employment agreement dated 1.12.2011. According to the plaintiff that as per the terms and conditions of the agreement, it was agreed between the parties that his employment can be terminated by either party by serving three months' prior notice or payment of salary in lieu thereof. The defendant company was stated to have issued notice of termination of service of plaintiff by ignoring the terms & conditions of the contract of employment. Therefore, his termination simpliciter is illegal and void.

(2.) Leveling a variety of allegations and narrating the sequence ofevents, in all, the plaintiff has instituted the civil suit against the defendant company and its officers, for declaration to the effect that notice of termination issued by the defendant company is illegal, void and against the public policy, to direct it to comply with the contractual obligations prior to terminate the services of plaintiff and to award exemplary damages for his victimization by the company.

(3.) The defendant-company refuted the claim of plaintiff and filed the written statement, stoutly denied all the allegations contained in the plaint and prayed for dismissal of the suit.