Decided on January 13,2021

Radhakanta Nath Appellant
Jiban Kumar Rakshit Respondents


Arindam Lodh,J. - (1.) In terms of the order dated 31.05.2018, following substantial questions of law have been formulated: 1. Whether the Court below misconstrued Exbt.3 at its finding? 2. Whether the judgment appealed against is in terms of order XLI, Rule 31 of CPC?
(2.) Heard Mr. S. Bhattacharjee, learned counsel appearing for the appellant who was the original plaintiff. None appears for the respondent.
(3.) Brief facts are that the plaintiff instituted a suit for declaration and recovery of money on the ground that he was duly appointed by the defendant as an employee to look after their different affairs of the establishment of the farm which dealt with the production of packaged drinking water under the name and style 'Trishna Mineral Water'. Mr. Bhattacharjee, learned counsel for the appellant has given much emphasis on the appointment letter issued to the plaintiff which was marked as Exbt.3 in course of recording evidence. Exbt.3 is the appointment letter issued by the Proprietor of the Trishna Mineral Water. For the sake of justice, I reproduce the said appointment letter dated 01.08.2012 [Exbt.3]. 'TRISHNA MINERAL WATER Appointment Letter As Technical and Business Executive Date 01-08-2012 Mr. Radhakanta Nath, S/O Late Sonachand Nath DNV Road, Nayapara, Dharmanagar Tripura North. Dear Mr. Radhakanta Nath I am pleased to inform you that you are hereby appointed as a Technical and Business Executive in the Trishna Mineral Water as per terms and conditions discussed and agreed upon as under:- 1. This appointment is effective from 1st August 2012. 2. Your salary and other allowances shall be time to time negotiable. 3. Your job functions and responsibilities as technical and Business Executive will be as defined below:- (a) You shall look after the production system, technical problem of the packed drinking water plant and would decide the marketing policy in consultation with me and will take any decision for the betterment for Trishna Mineral Water. (b) You would sign on any business agreement in favour of Trishna Mineral Water. (c) If any dispute arises regarding business purpose you would settle it by discussion or legally. 4. You are requested to return the enclosed copy duly signed as a token of your acceptance of the terms and conditions of your employment. 5. Hope that this will be the beginning of a long and successful career with us. Yours faithfully, For Trishna Mineral Water Sd/- (Jiban Kumar Rakshit) Proprietor Accepted Sd/- Signature of Employee' ;

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