MS SARITA SINGH versus M/S SHREE INFOSOFT PRIVATE LIMITED

Citation: [2022] 1 S.C.R. 1044 · Decided: 12-01-2022 · Supreme Court of India · Bench: D.Y. CHANDRACHUD, A.S. BOPANNA · Disposal: Appeal(s) allowed

Judgment (excerpt)

A
B
C
D
E
F
G
H
1044
SUPREME COURT REPORTS
[2022] 1 S.C.R.
[2022] 1 S.C.R. 1044
1044
MS SARITA SINGH
v.
M/S SHREE INFOSOFT PRIVATE LIMITED
(Civil Appeal No 346 of 2022)
JANUARY 12, 2022
[DR. DHANANJAYA Y CHANDRACHUD AND
A. S. BOPANNA, JJ.]
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.
A
B
C
D
E
F
G
H
1045
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 346 of
2022.
From the Judgment and Order dated 01.08.2018 of the High Court
of Punjab and Haryana at Chandigarh in RSA No. 3369 of 2018.
Sunil K Mukhi, T.S. Narwal, Dushyant Tiwari, Anish R. Shah,
Advs. for the Appellant.
Vineet Bhagat, K.G. Bhagat, Ms. Manju Bhagat, Ms. Archna
Midha, Mohit Gulati, Advs. for the Respondent.
The following Order of the Court was passed:
ORDER
1. Leave granted.
2. This appeal arises from a judgment and order dated 1 August
2018 of a Single Judge of the High Court of Punjab & Haryana in RSA
No 3369 of 2018 (O&M).
3. The appellant is a software developer who joined the services
of the respondent on 15 November 2012. The respondent is a company
based in Gurgaon and engages in the business of software development.
As a software developer, the appellant was employed on an annual
package of Rs 13,50,400. The terms of employment were contained in a
letter of offer dated 15 November 2012. The conditions of employment
included the following stipulation:
 “II (5) You are liable to be posted at any of the various divisions
of SHREE INFOSOFT PRIVATE LIMITED (the Company)/ branches/
subsidiaries/affiliates/associates/sister-concerns either domestic or
overseas, wherever it may be situated. You will abide by the company’s
rule and regulations as may be in effect from time to time with respect
to your function, grade or location where you work in. Please note that,
in lieu of clause 3 & 4 of Section II of the ‘Other Terms and Conditions’
of Annexure B, you are required to abide by the following in case of
overseas deputation:
While on and or return to India from overseas deputation, it is
essential that you serve SHREE INFOSOFT PRIVATE LIMITED for
a period as stated under, as applicable:
MS SARITA SINGH v. M/S SHREE INFOSOFT PRIVATE LIMITED
A
B
C
D
E
F
G
H
1046
SUPREME COURT REPORTS
[2022] 1 S.C.R.
In the event of any aberration in serving Company as mentioned
above, you are liable to repay the amount spent by Company on your
deputation covering the cost of travel, insurance premium, per diem,
visa fee and other associated expenses.”
4. The appellant was initially sent for a meeting to the US on 22
August 2013 for a period of one week. The appellant was provided with
a ticket to facilitate her travel. Other expenses incidental to the visit
were borne by the employer. The duration of the visit w

Excerpt shown. Read the full judgment & AI analysis in Lexace.