Pepsico India Holding Pvt. Ltd. versus Krishna Kant Pandey




[Arising out of Special Leave Petition (C) No.32616 of 2013]

M/s. Pepsico India Holding Pvt. Ltd. … Appellant(s)


Krishna Kant Pandey …Respondent(s)


The factual matrix of the case is that the respondent was appointed on the post of Operator/Technician Grade III for six months on probation basis w.e.f. 13th of March, 1995 against the salary of Rs. 2600/- per month. Having been found his services satisfactory, he was confirmed w.e.f. 13th September, 1995 and was also awarded one increment w.e.f.1st of February, 1996. Earlier, he was appointed in the Plant of Jainpur (Kanpur Dehat) from where he was transferred to Sathariya Plant, District Jaunpur, U.P. on 30th of August, 1996 on the revised pay scale i.e. Rs. 5450/-. Pursuant to the subsequent transfer order, he was posted at Lucknow in the month of June, 1997 and till 2000 he was awarded annual increments at the rate of Rs.490/-. Subsequently, he was promoted to the post of Line Supervisor in the pay scale of Rs.7716/- and thereafter to the post of Fleet Executive. It is the case of the respondent that being posted as a Fleet Executive, he was to discharge the mechanical work and that being so, he was called as skilled workman. It is stated that no other staff was posted in his subordination. The respondent also pointed out the conduct of the employer transferring him from one place to another and also compelling him to resign from the post or to be on long leave. On being asked to proceed on leave, respondent remained on leave w.e.f. 9th October, 2003 to 17th October. When he turned up, he was not permitted to join for want of instructions of the superior authorities. Thereafter, respondent wrote a letter on 8th November, 2003 to the Vice President seeking guidance for further action, upon which the employer became unhappy and terminated his services on 14th of November, 2003 by giving one month’s salary in lieu of notice prior to termination….read more