The first appellate court is wholly unjustified in arriving at a finding of liability of appellant/defendant existing towards respondent/plaintiff, and which finding is completely illegal and perverse because the liability of appellant/defendant t..
The first appellate court is wholly unjustified in arriving at a finding of liability of appellant/defendant existing towards respondent/plaintiff, and which finding is completely illegal and perverse because the liability of appellant/defendant to the respondent/plaintiff was cleared by the employer- M/s. Radico Khaitan Ltd by making payment of cheque of an amount of Rs.97,852/-, and this payment was towards the liability of the appellant/defendant to the respondent/plaintiff and not RSA 105/2013 Page 9 of 9towards an alleged independent liability of employer- M/s. Radico Khaitan Ltd to the respondent/plaintiff. In view of the above, the substantial question of law is answered in favour of the appellant/defendant and this appeal is allowed by setting aside the impugned judgment of the first appellate court dated 11.2.2013. The judgment of the trial court dated 15.3.2012 will stand revived and the suit of the respondent/plaintiff will stand dismissed.
