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P.K.BALASUBRAMANYAN
Target Corpn. India (P. ) Ltd. , In re – Appellant
Versus
– Respondent


Advocates Appeared:
P.J. Pardiwalla, V.B. Patel, Vishweshar Mudigonda, Amartya Ghose, Sunmantra Dutt,R.S. Rawal, Ms. Meera Srivastava

1. The applicant is a company incorporated in India. It is a fully owned subsidiary of a company incorporated in the United States of America (U.S.A). It entered into an agreement with its U.S. principal on 10.6.2007, to be effective from 1.4.2006, for seconding certain of the employees of the principal to the applicant subject to certain terms and conditions. The applicant is to request its American Principal to provide employees who have the required level of expertise required by it. The U.S. Principal would then second the employees for specified periods. This secondment of the employees by the U.S. Principal was based on the U.S. principal's global mobility policy. The employees of the principal seconded to the applicant shall continue to have their payroll processed by the principal. But, the applicant was to reimburse the principal for those amounts and also pay the principal a service charge at $ 15 per employee per payroll cycle for processing the payroll of the seconded employees. The U.S. principal was to ensure that the employees acted in accordance with the instructions and directions of the applicant, that they would devote their whole time to the applicant and that a

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