1

BEFORE THE 7th HON’BLE LABOUR COURT

AT MUMBAI

CRIMINAL COMPLAINT (ULP) NO.07 OF 2022

IN

COMPLAINT (ULP) NO. 457 OF 2003

Shri. Atul Dinesh Upadhyay

…Complainant

Versus

1) M/s. Raptakos Brett & Co. Ltd.

2) Ms.Suchita Ankolekar

…Accused

All the further outset, my clients deny each and every allegation,

contention and submissions made by your clients and your clients

are put to the strict proof thereof. It is further stated that my

clients have followed all the guidelines as laid down by the

M.R.T.U & P.U.L.P act 1971. and they have not

acted either contrary to the law or to any rule frame therein.

Accused 1 is a pharmaceutical Company & Accused 2 Ms.

Suchita Ankolekar is senior vice President of the Raptakos Brett

 2

company. Complainant working as a Medical Representative of

company he joined services on 18.08.1989 as a Medical

Representative the condition of employment were governed by

the terms and conditions stipulated in the appointment Letter

dated 18.08.1989and the settlement signed between the company

and the Association and the guideline issued by the officers of

the company to the Medical Representatives from time to time

With reference to the contents of paragraph 1 & 2 Shri

Atul Upadhyay appointed as “Medical

Representative” on 18.08.1989 while working as

Medical representative he indulged into various

employment misconducts, caused huge financial loss

to the company and disobeyed the working norms and

guidelines issued to complainant and complaints were

received from the Superiors of the complainant upon

which explanation was sought and subsequently issued

charge sheet cum notice of enquiry dated 04.08.2003

the enquiry commenced on 19.08.2003 and concluded

on 03.09.2004 disciplinary authority issued charge

sheet on 4th August 2003 on the basis of the imputation

 3

made in the aforesaid charge sheet which are the

following charges:

i) Wilful insubordination or disobedience, whether

or not in combination with another, of any

lawful and reasonable order of a superior.

ii) Fraud or dishonesty in connection with the

employer’s business or property.

iii) Habitual breach of any rules applicable to the

establishment or any law applicable to the

establishment or any rules made thereunder.

iv) Commission of any act subversive of discipline

or good behavior on the premises of the

establishment

v) Breach of contract of employment as per clause

no. vii( other condition of services)of

appointment letter issued which was

acknowledge by complainant