TATA ENGINEERING & LOCOMOTIVE COMPANY LTD. (NOW, TATA MOTORS LTD.) Vs. THE STATE OF JHARKHAND AND ANOTHER

JUDGEMENT

(1.) Heard the counsel for the parties.

(2.) The Appellant is aggrieved against the order of the learned Single Judge dated 27.9.2010 by which the writ petition of the writ Petitioner -appellant employer has been dismissed wherein the writ Petitioner -appellant challenged the order dated 28.2.2006 passed by the Labour Court, Jamshedpur in B.S. Case No. 3 of 1997.

(3.) Undisputedly, the Respondent -employee got the appointment in the year 1974 and he served up to 6.2.1997. On 6.2.1997, according to the Appellant, the services of the Respondent -employee was terminated on 6th February, 1997 on account of recovery of certain amount from the Respondent. However, the Appellant took the plea that the termination of service of the Respondent employee was simplicitor termination and was not stigmatic as in terms of the contract the employee could have been terminated from the services of the employer by serving one month's notice or on payment of one month's salary in lieu of the notice.