Supreme Court Directs Payment of Salary Arrears to Employee. Court Upholds Employee's Right to Salary Payment for Unpaid Period, Directing Respondent to Compensate 30% of Salary.

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Case Note & Summary

The dispute arose from the appellant's claim for unpaid salary during the period from 13.06.1990 to 27.09.1995. The appellant contended that he had not received any salary for this duration, which led to the filing of the appeal. The core legal issue was whether the appellant was entitled to receive any salary for the specified period. The court considered the facts and circumstances of the case and determined that the appellant should be compensated for the unpaid salary. The court ordered the U.P. State Transport Corporation to pay 30% of the salary due to the appellant within six weeks, thereby recognizing the appellant's right to receive a portion of his salary for the period in question. The appeal was disposed of without any order as to costs.

Headnote

A) Employment Law - Salary Arrears - Entitlement to Salary - Not applicable - The appellant claimed non-payment of salary for a specified period. The court directed the respondent to pay 30% of the salary for the period in question, emphasizing the need for timely payment of dues to employees. Held that the payment should be made within six weeks (Paras Not mentioned).

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Issue of Consideration

Whether the appellant is entitled to receive salary for the period from 13.06.1990 to 27.09.1995.

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Final Decision

The court directed the U.P. State Transport Corporation to pay 30% of the salary to the appellant for the period from 13.06.1990 to 27.09.1995 within six weeks.

Law Points

  • Salary payment
  • employee rights
  • statutory obligations
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Case Details

2011 LawText (SC) (04) 70

Civil Appeal No. 3330 of 2011 (@ Special Leave Petition (C) No. 4147 of 2008)

2011-04-18

Dalveer Bhandari, Deepak Verma

Anand Kumar Jain

State of U.P. & Ors.

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Nature of Litigation

Claim for unpaid salary

Remedy Sought

Payment of salary arrears

Filing Reason

Non-payment of salary for a specified period

Issues

Entitlement to salary for unpaid period

Submissions/Arguments

Appellant claimed non-payment of salary Respondent's obligations regarding salary payment

Ratio Decidendi

The court recognized the employee's right to receive a portion of unpaid salary, emphasizing the importance of timely payment of dues.

Judgment Excerpts

We deem it appropriate to direct the respondent-U.P.State Transport Corporation to pay 30% of the salary to the appellant for the aforementioned period. Let that amount be paid within six weeks from today.

Procedural History

The appeal was filed after the appellant did not receive salary for the specified period.

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