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2023 Supreme(Cal) 685

SHEKHAR B. SARAF
Subir Kumar Mukhopadhyay – Appellant
Versus
Kesoram Industries Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Gopal Ch. Ghosh, Rajkrishna Mondal.
For the Respondents: Tridib Bose, Debjyoti Saha.

JUDGMENT :

SHEKHAR B. SARAF, J.

1. The petitioner, Mr. Subir Kumar Mukhopadhyay, resides at Flat nos. 1 and 2, second floor, 28/2 Onkarmal Jetia Road, near Nabanna bus stand, P.S. Shibpur, Howrah-711103.

2. The respondent is a public limited company, Kesoram Industries Limited, having its office at 9/1 R.N. Mukherjee Road, P.S. Hare Street, Kolkata-700001.

Relevant facts

3. The petitioner entered into a written contract of service with Kesoram Industries initially for a period of 1 year for a remuneration of Rs. 5,00,000 (Rupees five lakhs) per month from June 1, 2015 to May 31, 2016. Such time period was later extended from time to time but the terms and condition for the contract remain unchanged, except for the remuneration.

4. The last such extension was granted by Kesoram Industries on April 1, 2019 for the Financial Year 2019-2020 with a consolidated pay of Rs. 7,37,500 (Rupees seven lakhs thirty-seven thousand five hundred) per month. The petitioner concluded his service on July 12, 2019 upon acceptance of his proposal to release him by Kesoram Industries. The release formalities were consequently completed with a promise to remit all the dues including a month’s notice pay separa

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