Judgment

SABYASACHI MUKHARJI, J. :- Special leave granted.

2. This is an appeal from the judgment and order of the Division Bench of the High Court of Bombay whereby the Division Bench concurred with the judgment and order of the learned Single Judge of the Court. The respondent herein had entered into an agreement on or about 5th May, 1978 with Thai Rayon Company Limited at Thailand (hereinafter called the foreign company). It was engaged in the business of manufacturing and selling Stapple Fibres at Bangkok in Thailand. The agreement recited that the respondent as he was described was a technician holding a Bachelors degree from the Massachusetts Institute of Technology, U.S.A. and has had several years of experience in the business of manufacturing and selling Staple Fibre through his association with companies engaged in similar business and the foreign Company as referred to in the agreement aforesaid as the employer had approached him, i.e the technician to make available to the employer his services in Bangkok on certain terms and conditions, inter alia, that the Thai Company would pay to the respondent remuneration of 12,000 per annum in quarterly instalments and it would be