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1999 Supreme(Bom) 611

S.S.NIJJAR
Chander Shekhar Malhotra – Appellant
Versus
Nirlon Ltd. and others – Respondent


JUDGMENT - S.S. NIJJAR, J.:---The plaintiff has filed this suit for a declaration that the plaintiff continues in employment even after 9th January, 1999 and is entitled to work and salary. Notice of Motion has been taken out with a prayer for injunction restraining the defendants from acting on the letter of termination dated 9th January, 1999, and for a direction to pay to the plaintiff his monthly salary in full from January, 1999 and month to month basis thereafter.

2. The plaintiff was appointed by the defendant No. 1 as General Manager (Personnel and Administration). The defendant No. 1 is a company incorporated and registered under the Companies Act, 1956, which is engaged in the manufacture of synthetic fibres and yarn. On 19th November, 1993, the Board for Industrial and Financial Reconstruction (B.I.F.R.) sanctioned Rehabilitation Scheme for defendant No. 1. The B.I.F.R. also directed the defendant No. 1 to appoint the defendant No. 2 as part-time Chairman. He was so appointed on 29th April, 1994. The Performance Appraisal Report of the plaintiff given by the defendant No. 4 till 1994 was very good. By Resolution dated 29th April, 1994, the defendant No. 2 was given all































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