Delhi HC Refuses To Prevent Palki Sharma From Joining Network 18, Restrains Her From Divulging Confidential Information Of Zee Media
The Delhi High Court has refused to restrain Journalist and former Managing Editor of WION, Palki Sharma Upadhyay from joining another media channel.
However, the Court has directed her not to divulge, use or employ any confidential or proprietary information or material pertaining or belonging to the plaintiff-Zee Media Corporation Ltd. to which she may have been privy during the course of her engagement with Zee.
"…since it is inequitable to prevent an individual from using, deploying and monetizing his or her skills in a given field, no case is made-out for grant of any injunctive relief preventing the defendant from continuing with her employment, even if it is in a competitor company or TV channel.", Justice Anup Jairam Bhambhani held.
Zee Media Corporation Ltd. had approached the High Court seeking a decree of declaration that the defendant-Palki Sharma had violated the notice period policy applicable to her employment with Zee Media.
Senior Advocate Joy Basu appearing for the plaintiff submitted that Palki Sharma had resigned vide 02 separate resignation letters, without serving the 90-day notice period stipulated in her terms of employment.
It was further submitted that she has joined a competitor channel as Managing Editor.
Apprehension was expressed on behalf of the plaintiff, that the defendant carried with her confidential and proprietary information belonging to the plaintiff, to which she was privy in her capacity as Managing Editor at the plaintiff-company.
Senior Advocate Anil Sapra appeared for Defendant-Palki Sharma.
The Court observed that since resignation is an incident of employment itself, no case is made-out for grant of any injunctive relief preventing Palki Sharma from continuing with her employment, even if it is in a competitor company or TV channel.
"However, what commends itself for acceptance, is that the defendant cannot be permitted to divulge, use or employ any confidential or proprietary information or material pertaining or belonging to the plaintiff, to which she may have been privy during the course of her engagement with the plaintiff, for the defendant's own benefit or for the benefit of any third person or party.", the Court added further.
Cause Title- Zee Media Corporation Ltd v. Palki Sharma Upadhyay
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