As plaintiff can't prove date of resignation, thus recovery suit was dismissed
As plaintiff can't prove date of resignation, thus recovery suit was dismissed
Plaintiff worked in defendant Co. It resigned after completing his assignm't. However, he was given his pending due despite sending of legal notice due to delay. Thus, it filed recovery suit. Court held, plaintiff has not filed any document to prove as to when he resigned from defendant Co. &/or when he was relieved by defendants from his duties. Hence, he could not establish his case of payment/salaries due to him. Thus, suit was dismissed.-500303
Facts in Brief:
1. Plaintiff worked in the defendant company.
2. It completed his assignment and submitted his resignation to the defendants requesting them to relieve him of his duties as per the company policy.
3. The plaintiff was asked to fill-up some forms and was relieved from his duties the very same day without the salary of May and July, 2013 and without settlement of his accounts.
4. The plaintiff visited the defendants thereafter but they vaguely told him that his full and final settlement would be given to him soon.
5. The plaintiff was constrained to sent a legal notice dated 19.10.2013 through his counsel to the defendants which was received by them. Neither have the defendants replied to the said legal notice nor have they paid the dues to the plaintiff.
6. Therefore, the plaintiff has filed the present suit for recovery of the due amount against the defendants.
Court held as under:
7. In light of the aforesaid decision of the Hon'ble Supreme Court CS No. 300/14 Abhishek Kr. Mishra v CD Equisearch Pvt Ltd Page No. 11 of 12 and the provisions of the Evidence Act, the electronic records comprising of the salary slips and the bank statements, Exhibit PW-1/5 (Colly) and Exhibit PW-1/6 respectively, have not been proved and are held to be inadmissible in evidence. Other than the said documents, the plaintiff has placed on record copy of the legal notice, Exhibit PW-1/6, and its postal receipt, Exhibit PW-1/7, to show that the said legal notice had been sent to the defendants. The legal notice is not a substantial piece of evidence and does not on its own create any legal liability.
8. Further, the plaintiff has not even filed any document to even prove as to when he resigned from the defendant no. 1 company and/or when he was discharged/relieved by the defendants from his duties. In light of thereof, this Court is of the view that the plaintiff has failed to establish or show that the defendants are liable to pay a sum of Rs. Rs. 43,666/- (Rupees Forty Three Six Hundred and Sixty Six Only) towards arrears of his salary for the months of May and July, 2013. The plaintiff has been unable to discharge the burden on him to prove his case.
9. Accordingly, the suit of the plaintiff is dismissed.
Case Reference-C.S No. 300/14 vs M/S. Cd Equisearch Pvt Ltd
IN THE COURT OF CIVIL JUDGE-02, NEW DELHI DISTRICT, PATIALA HOUSE COURTS, NEW DELHI
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