KANSAI NEROLAC PAINTS LIMITED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant Company and the learned counsel for the private respondent.

(2.) The appellant Company is aggrieved by the impugned order dated 28.06.2010, passed by the Hon'ble Single Judge, in W.P.(C) No. 4405 of 2003, whereby, the writ application filed by the appellant Company against the Order dated 30.07.2003, passed by the Presiding Officer, Labour Court, Jamshedpur, in B.S Case No.7 of 2000, setting aside the order of termination of the private respondent and directing the Company to reinstate him with continuity in service with full back wages and other consequential benefits, was dismissed by the Hon'ble Single Judge.

(3.) The facts of the case lie in a short compass. The private respondent No.2 was engaged by the Company in the Supervisory Cadre, on 16th September 1988, with one of the terms of the service contract that the service was liable to be terminated by one month's notice on either side. Subsequently, by promotion letter dated 14th November, 1996, the private respondent was promoted to the post of Managing Staff of the Company, with the designation of Area Manager, Technical Sales, and in paragraph 15 of the Promotion letter, it was stated as follows :-