NIRANJAN SHANKAR GOLIKARI Vs. CENTURY SPINNING AND MANUFACTURING CO LIMITED

JUDGEMENT

(1.) This appeal by special leave is against the judgment and order of the High Court of, Maharashtra confirming an order l of injunction against the appellant.

(2.) The appellant received training from March to December 1963 and acquired during that training knowledge of the technique, processes and the machinery evolved by the said collaborators as also of certain documents supplied by them to the respondents company which as aforesaid were to be kept secret and in respect of which the respondent company had undertaken to obtain secrecy undertakings from its employees. According to the evidence, the appellant a Shift Supervisor was responsible for the running of Shift work, control of labour and in particular with the specifications given by the said AKU.

(3.) No difficulty arose between the appellant and the respondent company until about September 1964. The appellant there after remained absent from the 6th to the 9th October, 1964 without obtaining leave therefore On the 10th October, he took casual leave. On October 12, he applied for 28 days privilege leave from October 14, 1964. Before that was granted he absented himself from the 14th to the 31st October, 1964. On October 31, he was offered salary for 9 Days that he had worked during that month. On November 7, 1964, he informed the respondent company that he had resigned from October 31, 1964. The respondent company by its letter of November 23, 1964 asked him to resume work stating that his said resignation had not been accepted. On November 28, 1964 the appellant replied that he had already obtained another employment.