GAUTAM KUMAR Vs. IEC UNIVERSITY

JUDGEMENT

(1.) Plaintiff is the appellant, who after having lost before both the learned Courts below, has filed the instant appeal. The parties hereinafter shall be referred to as the plaintiff and defendant.

(2.) The plaintiff filed a suit for recovery of Rs.1,50,000.00 along with pendente lite and future interest at the rate of 18% per annum from 7/2/2014 till its realization being his service benefits dues illegally with-held by the defendant pursuant to his resignation from Whether reporters of Local Papers may be allowed to see the Judgment ?Yes the post of Assistant Professor in the Department of Mechanical Engineering. It was averred that upon an offer extended by the . defendant vide its letter dtd. 16/8/2013, the plaintiff joined the defendant-organization on 22/8/2013 on a consolidated salary of Rs.48,000.00 per month. However, on account of false, frivolous and baseless allegations, the plaintiff was compelled to resign on 2/7/2014 and the defendant failed to settle his accounts. In addition thereto, the plaintiff has undergone physical and mental trauma, harassment, humiliation after resignation from the job and thus was entitled to the salary for the month of June, 2014, at the rate of Rs.48,000.00 per month. In addition to this,the plaintiff also claimed one month salary in lieu of notice and a sum of Rs.54,000.00 as damages/compensation along with interest at the rate of 18% per annum from the date of filing of the suit till its actual realization.

(3.) The defendant contested the suit by filing written statement wherein preliminary objections qua maintainability and cause of action were taken. On merits, the facts qua an offer extended to the plaintiff and he having joined and thereafter resigned were not denied. However, it was claimed that the resignation tendered by the plaintiff was out of his free will and volition and, therefore, he was not entitled for the salary for the period of notice of one month and since the entire dues stood paid, therefore, also the suit at the instance of plaintiff being false and frivolous was liable to be . dismissed as such.