Punjab-Haryana High Court
Ashish Khullar vs Epic Datamix on 5 August, 2024
Neutral Citation No:=2024:PHHC:102195
1
RSA-1813 of 2024
20 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
RSA-1813 of 202024 (O&M)
Date of decision: 05.08.2024
Ashish Khullar
......Appellant
Versus
Epic Datamax
......Respondent
CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR
Present: - Mr. Karan Kaushal, Advocate,
for the appellant.
NAMIT KUMAR, J.
CM-7166-C
C of 2024
1. This application has been filed by the applicant
applicant-appellant
under Section 151 CPC for condonation of delay of three days in re
re-
filing the appeal.
2. In view of the averments made in the application, which is
supported by an affidavit, same is allowed. Delay of three days in re
re-
filing the appeal is condoned.
RSA-1813
1813 of 2024
1. This Regular Second Appeal is directed against the
judgment and decree dated 20.12.2022, passed by the Court of learned
Additional Civil Judge (Senior Division), Panchkula, whereby suit of
the respondent-plaintiff
respondent for recovery of Rs.2,50,000/
Rs.2,50,000/- was partly
decreed as well as against the judgment and decree dated 11.03.2024,
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passed by the Court of learned District Judge, Panchkula, vide which
the appeal filed by the appellant-defendant
appellant defendant against the judgment and
decree of the trial Court, has been dismissed.
2. For convenience sake, reference to parties is being made
as per their status in the civil
civ suit. Briefly stated, defendant joined the
plaintiff as Accounts Officer on 08.11.2018
08.11.2018. He was on probation till
07.01.2019 and was confirmed on 08.01.2019. It has been further
averred that on 05.04.2021, the defendant remain
remained absent from the
work and informed the plaintiff through telephonic call that due to bad
health of his uncle, he would not be able to attend the office as he has
to leave for Delhi, however medical certificates/documents of his uncle
were not submitted by the defendant. It has been further averred that on
06.04.2021, plaintiff tried to contact the defendant in the morning,
however the defendant did not respond. Onn the evening of 06.04.2021,
through telephonic conversation, the defendant assured to assume tthe
work from afternoon on 08.04.2021, however he neither joined on
08.04.2021 nor informed the plaintiff regarding the same. It has been
further averred that email was sent from the official email ID of the
plaintiff i.e. [email protected] to the def
defendant on email ID
[email protected] on 09.04.2021 intimating that the defendant
was supposed to inform the date and time of the joining and was
supposed to join by 10.04.2021, however despite the same defendant
did not update the plaintiff nor resumed the work. As per the contract,
the defendant had to serve two months prior notice before terminating
the contract, however the defendant did not honour the same. It has
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been further averred that the defendant has absented himself from the
work without intimation
intimation or approval from the plaintiff and without
handing over the sensitive data of international clients, as a result the
plaintiff suffered heavy financial losses and had also damaged the
reputation of the plaintiff. Due
ue to the absence of the defendant without
intimation, the plaintiff could not impart proper training to the
employee who joined against the defendant due to which the plaintiff
suffered financial losses besides hampering the projects of the clients.
Defendant
efendant has violated the terms and con
conditions of the employment
contract by showing gross negligence and unprofessionalism. Plaintiff
served legal notice dated 15.04.2021, however no reply was given by
the defendant. The trial Court vide judgment and decree dated
20.12.2022, after hearing the learned counsel for the parties and
appreciating the evidence on record, partly decreed the suit and
defendant was directed to pay Rs.1,00,000/
Rs.1,00,000/- (two months salary i.e.
Rs.80,000/-- plus Rs.20,000/- for breach of condition in Clause "other
interest") within
within two months from the date of decree @ 6% interest per
annum from the date of filing of suit till the actual realization.
Aggrieved against the judgment and decree of the trial Court, defendant
preferred an appeal before the lower appellate Court, which has been
dismissed vide judgment and decree dated 11.03.2024. Hence, this
appeal.
3. Learned counsel for the appellant contended that findings
of both the Courts below are erroneous in the eyes of law and the suit
filed by the plaintiff-respondent
plaintiff respondent was not maintainable
maintainable. He further
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contended that the Courts below have failed to appreciate the cogent
and trustworthy evidence led by the appellant. He further contended
that the Courts below also failed
failed to appreciate that appellant informed
the respondent about the medical exigency on the very same day i.e.
05.04.2021 as such the absence of the appellant was duly informed to
the respondent. He further contended that respondent could not prove
that any
ny loss was caused to it due to absence of the appellant. He
further contended that the Courts below ought to have appreciated the
fact that after the service of legal notice Ex.P4 by the respondent upon
the appellant, the question of joining the responde
respondent again for work did
not arise.
4. I have heard learned counsel for the appellant and perused
the record.
5. Undisputedly, the appellant completed the probation
period on 08.01.2019. Perusal of the record shows that as per letter of
appointment Ex.P1, after
fter successful completion of the probation period,
either party may terminate the contract by giving other party 2 months'
notice period in writing. If the employee fails to serve the complete
notice period,
period he shall pay to the
he Company the balance of notice period.
Company reserves the right to terminate this contract with immediate
effect without compensation,
compensation if employee continuously fails to perform
his duties as per the contract, carry an act of misconduct or is involved
in
n any illegal or criminal activities. Appellant continuously absented
himself from his job w.e.f. 05.04.2021. He never replied to
legal/demand notice served upon him by the respondent dated
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15.04.2021. Moreover, the appellant has also not submitted any
medical record of his uncle. The appellant has rightly been held liable
to compensate the respondent-plaintiff-firm
respondent firm for the loss caused to it by
him.
6. Concurrent findings have been recorded by both the
Courts below and learned counsel for the appellant has failed to show
that the same are perverse or based on misreading or mis-appreciation
of the material evidence on record.
7. No question of law, muchless substantial question of law
has been raised or arises for consideration
on in the present appeal. No
other point has been urged.
8. In view of the above, present appeal is dismissed
dismissed.
9. Pending application(s), if any, stand disposed of
accordingly.
(NAMIT KUMAR)
05.08.2024 JUDGE
R.S.
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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