M M THAPAR Vs. RAMESH KUMAR SINGH

JUDGEMENT

(1.) Heard counsel for defendant-petitioner and counsel for the plaintiff-opposite party.

(2.) The plaintiff has instituted the present suit in the year 2002 at Patna claiming that pursuant to advertisement, the plaintiff was selected and employed as Manager, Industrial Engineering in JCT Limited, a public limited company under the provision of Companies Act, 1956 at Phagwara, State of Punjab. The other parties i.e. defendant-petitioner and defendant-opposite party are Directors/Officers of the said company. The company which was an employer and had the liability to make payment has not been made party though at the bar it is stated by the plaintiff-opposite party that an amendment petition is pending before the trial court for impleading the company as a defendant.

(3.) In the suit it is alleged that pursuant to his selection and appointment he worked in the company for a short time and then he was forced to resign. His resignation letter given at Phagwara is dated 25.5.1995. In the suit his first relief is for setting aside the resignation and deeming petitioner to be continuing in service allegedly as the resignation was wrongly obtained. The second relief which he claimed is that as consequence of his wrongful removal, he remained unemployed for a considerable period and therefore for a period of one/ one and a half years he was entitled to full remuneration, meaning thereby, for a period upto August, 996 he would be deemed in employment and as such entitled to remuneration. As indicated above, the said suit was filed on 15.11.2002 at Patna. The cause of action is shown to be the resignation. then wrongly denial of remuneration and lastly payment, of provident fund which amount had been deducted in course of his service, which payment was received at Patna.