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2018 Supreme(Del) 1529

PRATHIBA M.SINGH
AIRLINE ALLIED SERVICES LTD – Appellant
Versus
JOHN ARTHUR ANIN – Respondent


Advocates Appeared:
For the Appellant :Mr. Sarojanand Jha, Advocate.
For the Respondent:Mr. Sunil Kumar Agarwal & Mr. Neelam Agarwal, Advocates.

JUDGMENT :

Prathiba M. Singh, J.

1. The Plaintiff was an airline pilot, employed with Airline Allied Services Ltd. (‘Defendant’) vide Fixed Term Employment Agreement dated 5th May, 2008 for the period from 5th May, 2008 to 4th May, 2009. The contractual salary payable was USD 8,500 per month and vide letter dated 8th July, 2008, the same was increased to USD 9,000 per month. His agreement was extended by a further period of one year commencing from 5th May, 2009 to 4th May, 2010.

2. It is the Plaintiff’s case that while he was stationed in USA on three weeks scheduled leave, for giving training to other Pilots on behalf of the Defendant in Seattle, his contract was extended for a further period of one year from 5th May, 2010 to 4th May, 2011. The Defendant asked the Plaintiff vide e-mail dated 13th April, 2010 to apply for Visa as soon as possible. On 20th April, 2010, the Plaintiff applied for his Visa with the Indian Consulate in Chicago, through a Visa Service Agency and completed all the documentation required for the same by 20th April, 2010. He was scheduled to depart from USA on 4th May, 2010. Despite submission of all the documents, even as on 11th May, 2010, the Visa was not



















































































































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