Service Law – Deputation – Appellant, a software developer, was employee of the company based in Gurgaon – Terms of employment included that in case of any aberration appellant was liable to repay the amount spent by company on her deputation – Appellant was sent to U.S. for a meeting – Upon her return, appellant faced several issues with management and she resigned – Legal notice was issued to appellant to repay amount spent by the respondent on her overseas deputation and salary for the notice period – Respondent instituted suit for recovery – Trial Court decreed the suit partially – First appellate Court affirmed the judgment and second appeal dismissed by High Court – On appeal, held: Central question was of the interpretation of the word ‘deputation’ – No material evidence on record to indicate that appellant was sent on deputation – Deputation involves a tripartite consensual agreement between the lending employer, borrowing employer and the employee – Specific rights and obligations would bind the parties and govern their conduct – A transient business visit without any written agreement detailing terms of deputation will not qualify as a deputation, this aspect has completely been ignored by all the three courts below – Impugned judgment of High Court set aside – As a consequence, the suit for recovery instituted by the respondent shall stand dismissed – Appellant was subjected to needless harassment and drawn into a vortex of litigation – She had concerns about conditions at the workplace – When she complained and resigned, she met with a reprisal of being embroiled in a suit for recovery – Courts must send a strong message that such things shall not come to pass and will not be tolerated by the legal system – Hence, appellant entitled to costs of the litigation quantified in the amount of Rs 1 lakh.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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