Case Note & Summary
The appellant, Ganesh Raghunath Mamidwar, filed a suit for recovery of Rs.3,73,266/- against the respondents, Devgiri Sahkari Sakhar Karkhana Ltd. and others, for difference of salary, leave salary, unpaid salary, annual increments, provident fund, and gratuity. He claimed he worked as Chief Accountant/Incharge Managing Director with the defendant sugar factory. The trial court dismissed the suit. On appeal, the High Court allowed the appeal, setting aside the trial court's judgment and decreeing the suit. The court directed the respondents to pay the amount with interest at 6% per annum from the date of suit till realization. The court held that the appellant was entitled to the amounts as per the Industrial Employment (Standing Orders) Act, 1946 and the Bombay Industrial Relations Act, 1946.
Headnote
A) Service Law - Recovery of Salary and Benefits - Industrial Employment (Standing Orders) Act, 1946; Bombay Industrial Relations Act, 1946 - The appellant, a former Chief Accountant/Incharge Managing Director of a sugar factory, sought recovery of Rs.3,73,266/- towards difference of salary, leave salary, unpaid salary, annual increments, provident fund, and gratuity. The court allowed the appeal and directed the respondents to pay the amount with interest at 6% per annum from the date of suit till realization. Held that the appellant is entitled to the claimed amounts as per the standing orders and industrial law. (Paras 1-4)
Issue of Consideration
Whether the appellant is entitled to recovery of difference of salary, leave salary, unpaid salary, annual increments, provident fund, and gratuity from the respondent sugar factory.
Final Decision
Appeal allowed. The judgment and decree of the trial court are set aside. The suit is decreed. The respondents are directed to pay Rs.3,73,266/- with interest at 6% per annum from the date of suit till realization.
Law Points
- Industrial Employment (Standing Orders) Act
- 1946
- Bombay Industrial Relations Act
- Recovery of salary
- Leave salary
- Gratuity
- Provident fund
- Annual increments
