Francis Klein & Co. (P) Ltd. vs Their Workmen And Anr. on 17 September, 1971
21.1. Learned Counsel for the respondents relied upon the decision of the Supreme Court in the case of Francis Klein & Co. v. The Workmen , wherein it is inter alia observed that when an employer loses confidence in his employee, particularly in respect of a person who is discharging duties of an office of trust and confidence, there can be no justification for directing his reinstatement. Relying on these observations, learned Counsel for the respondents submitted that in the instant case order of reinstatement should not be passed. The contention cannot be accepted for the simple reason that in this case nothing is shown that the petitioner was holding an 'office of trust and confidence'. As indicated hereinabove, he was merely an office assistant like many others. It is disclosed from the record of the petition that at least there were fourteen junior employees who were working as office assistant. Thus in the cadre of office assistant there must be many more such persons. Office assistant in a huge administration like that of respondent No. 1-IIM cannot be said to be holding an office of trust and confidence. Nothing is placed on record of the petition to show that the petitioner was particularly discharging some specific functions which can be said to be of trust and confidence. Therefore the reliance placed on the aforesaid decision is of no help to the respondents.