Non-payment of dues to employee for seeking another job against principles of natural justice: Calcutta HC

Even with a competitor company with better advantages and facilities, even if it is a fundamental right and does not constitute a moral territude, it has decided by a company that a company’s dues are contrary to the principles of natural justice.

Justice Sampa Dutt (Paul), who claims to be the only producer of a particular insulator film in India, has led the order and punishment of the disciplinary authority to a payment of 1.37 Lakh’s gratitude dues with 8 percent per year.

Justice Dutt observed on Thursday, “Better advantages and facilities with a rival company (even if it is not proven) is a fundamental right, and it does not form moral radish because it is not contrary to honesty, humility or good morals.”
The court decided that the petition company could not prove any damage or damage or destruction of the employer from any case containing rebellious, irregular or moral radish.

“The execution of the investigation authority clearly has no independent, specific findings of the disciplinary authority against the abuse of power and completely natural justice principles,” justice Dutt said.

The petition in front of the Supreme Court was moved against the orders accepted by the authority of control and appeal authority. Sudip Samanta, who works as a technician in the company, gave the authority to appeal and decided that the authority of appeal was well justified that the appeal authority was well justified and that the Court was not announced in the court. The petition company may not produce any witnesses or show any call records to verify the accusations of the defendant in contact with a rival company.

Justice Dutt said that the witnesses produced only see that the private participant speaks to some of the competing company’s staff.

Samanta’nın accusations against him, the company’s investigation officer proposed the termination of the investigation officer, the employee claimed that he had a tender his resignation.

It was claimed that Samanta regularly contacted the authorities of a competing company trying to establish a similar unit to produce the same product and conveyed confidential information about the process, receipt and technology for this purpose.

The petition owner claimed that Samanta was terminated from the service due to the abuse, which means moral raditude, and therefore the loss of the petition was lost because of the loss.

Based on the report of the investigation officer, the technician, who joined the company in 2012, was terminated from the service on 11 October 2022.