(1.) Facts as culled out from the materials placed on record may in brevity be related in order to understand the crux of the issue arising for consideration in this action.
(2.) One M. Joseph (complainant), it is said, is employed as Rank 3rd Engineer in Essar Sisco Ship Management Company Limited, Chennai House, 7, Esplanade, Madras-600 108. He was stated to be in the Floating Staff Payroll, OSV Division. He was drawing a gross salary of Rs.49,701/- per mensem.
(3.) On 1.11.1996 the complainant received a message from his Company to report for duty at 11.00 a. m. on 4.11.1996 at Madras Harbour for the ship leaving on that day at 12.00 noon. He, it appears, was at Madurai on 1.11.1996. Consequently he planned his journey by air travel from Madurai to Madras on 4.11.1996. He booked a ticket for his air travel on 1.11.1996 from NEPC Airlines at Madurai of which the first opposite party is the Manager, Madras while the second opposite party is the Manager, Madurai. The flight was to commence its journey on 4.11.1996 at 9.00 a. m. from Madurai to Madras. The price of the ticket was Rs.2,272/-. The reporting time for the flight was at 8.00 a. m. , that is to say, 60 minutes before the departure of the flight, which event was to happen at 9.00 a. m. on that day. He reported at the airport Madurai at 8.00 a. m.