Abheraj Jaswal v. M/S. Godrej & Boyce Manufacturing Company Ltd

SANJIV KHANNA, J AUGUST 8, 2011 dk

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 8th August, 2011 + LPA No.610/2009 ABHERAJ JASWAL ..... APPELLANT Through: Mr.Dinesh Chander Yadav and Mr. A. S. Rishi, Advocates. versus M/S GODREJ BOYCE MANUFACTURING & ORS. .... RESPONDENTS Through: Ms. Raavi Birbal, Advocate. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV KHANNA 1. Whether reporters of the local papers be allowed to see the judgment? Yes 2. To be referred to the Reporter or not? Yes 3. Whether the judgment should be reported in the Digest? Yes DIPAK MISRA, CJ The appellant – workman, an employee in the respondent – company as a Steel Mechanic, was served with a chargesheet on 12.3.1997 alleging that he diverted the customers of the company to a third party, M/s Krishan Enterprises, and thereby acted dishonestly in the course of his employment. The specific incidents of different dates when he had diverted the customers to M/s Krishan Enterprises were disclosed in the chargesheet served on him. 2. Regard being had to the submissions, that have been canvassed before us, we think it appropriate to reproduce the relevant part of the chargesheet that was served on the workman. It reads as follows – "1. On 22.11.1996 you were allotted a Service call- cum-cash memo (SCCM) No. 1199 dated 18.11.1996 booked by M/s. The East India Carpet Co. Limited, F-45, South Extension Part-I, New Delhi to check handle of the safe. You visited the party on the next day i.e. 23.11.96 and the partial job was done by you. For the said Job Rs.311/- (Rupees Three Hundred Eleven Only) was paid by the party vide their cheque No.914360 dated 27.11.86 drawn on State Bank of India, NDSE Part-I, which you deposited with the company on 28.11.96. Although, you were not allotted any ervice call- cum-cash memo (SCCM) in respect of the above party i.e. M/s. The East India Carpet Co. Limited, to attend the balance repair work you visited the party again on 30.11.96 and did the balance repair work of the same safe. You submitted a bill for the same for Rs.830/- (Rupees Eight Hundred Thirty Only) in the name of M/s. Krishna Enterprises, 319-320, Apka Bazar, Gurgaon- 122001 instead of the company (Godrej & Boyce Mfg. Co. Limited). The party accordingly made payment against your said bill vide their cheque No.914363 dated 02.12.96 drawn on Bank of India, NDSE Part-I in favour of M/s. Krishna Enterprises. You did the repair work of party"s safe on 30.11.96 and raised another bill for Rs.830/- (Rupees Eight Hundred Thirty Only) in the name of M/s. Krishna Enterprises. The said fact has been confirmed by the party and it has also been confirmed that M/s. VXL Ltd. is 100% subsidiary of the East India Carpet Co. Limited. 2. On 02.12.96 you were allotted a Service call-cum- cash memo dated 12.11.96 booked by Central Bank of India, Village Nangal Dewal, near Cargo-termina-II, New Delhi for: - Mr.Abheraj Jaswal, Salary code – 4360. a). Supplying and fixing of one set of lock of 4 drawer card Index Cabinet. b). Supplying and fixing of two handles of card Index Cabinet. You did not visit the party on 01.12.96 and 03.12.96. You were again asked to visit the party on 04.12.96 and again you did not visit the party for the reasons best known to you. Then you were asked third time on 05.12.96 when you visited the party on 05.12.96 it was informed by you that the job has already been done. The Branch Manager of the said Central Bank of Indi have mentioned on the SCCM itself that "Job already carried out by Krishna Enterprises of Gurgaon on 04.12.96." Thus it is apparent that you did not visit the party deliberately on 02.12.96 and 04.12.96. You have a vested interest with M/s. Krishna Enterprises of Gurgaon causing loss to the company and which is against the interest of the company. 3. You have taken two chairs from State Bank of India, Indira Gandhi International Airport, Foreign Exchange Deptt., New Delhi but have not deposited in the company till date. It is on record that NBC/RD NO. 57615 d