Supreme Court Modifies High Court Order on Back Wages Payment. Court directed payment of 50% back wages to the respondent within three months if not already paid. Modification was made to recognize the respondent's entitlement under the modified order.

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Case Note & Summary

The dispute arose from a Special Leave Petition concerning the payment of back wages to the respondent, M. Raviselvam, by the petitioners, Senior Regional Manager, TASMAC Ltd. and another. On September 14, 2007, the Supreme Court issued notice limited to the question of back wages. After hearing the parties and reviewing the record, the Court modified the High Court's order, determining that the respondent was entitled to 50% of the back wages. The Court directed that this amount be paid within three months from the date a copy of the order was supplied to the High Court, if it had not already been paid. The Special Leave Petition was disposed of without any order as to costs.

Headnote

A) Employment Law - Back Wages - Modification of High Court Order - Not mentioned - The court modified the High Court's order to grant the respondent 50% of back wages, directing payment within three months if not already made. Held that the modification was necessary to ensure the respondent's entitlement was recognized (Paras 1-2).

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Issue of Consideration

Entitlement to back wages and modification of the High Court order

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Final Decision

The Supreme Court modified the High Court's order to grant the respondent 50% of back wages, directing payment within three months if not already made.

Law Points

  • Modification of High Court order
  • Back wages entitlement
  • Payment timeline
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Case Details

2008 LawText (SC) (08) 87

Special Leave Petition (C) No.15994 of 2007

2008-08-21

Tarun Chatterjee, Aftab Alam

Senior Regional Manager, TASMAC Ltd.

M. Raviselvam

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Nature of Litigation

Special Leave Petition regarding back wages payment

Remedy Sought

Modification of High Court order to grant back wages

Previous Decisions

High Court order regarding back wages

Issues

Entitlement to back wages Modification of High Court order

Submissions/Arguments

Petitioners sought to limit the order to back wages Respondent claimed entitlement to back wages

Ratio Decidendi

The court recognized the respondent's entitlement to back wages and modified the High Court's order accordingly.

Judgment Excerpts

We modify the order of the High Court only to the extent that the respondent shall be entitled to 50% of the back wages Such back wages shall be paid to the respondent, if not already paid in the meantime within three months from the date of supply of a copy of this order to the High Court.

Procedural History

The Supreme Court issued notice on September 14, 2007, and heard the parties before modifying the High Court's order.

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