SHASHIBHUSHAN PRASAD S/O SUNDARLAL PRASAD Vs. NATIONAL TEXTILE CORPORATION
LAWS(BOM)-2017-6-150
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on June 14,2017

Shashibhushan Prasad S/O Sundarlal Prasad Appellant
VERSUS
NATIONAL TEXTILE CORPORATION Respondents

JUDGEMENT

- (1.) By this petition, the petitioner seeks direction to the respondents to pay him full amount of salary for the period of suspension from 19.08.1990 to 11.02.1992. The petitioner also claimed arrears of salary for the period from 13.03.1999 to 12.03.2001 on the ground that he was entitled to the age of superannuation of 60 years which he would have attained on 12.03.2001, but he was made to retire at the age of 58 years on 13.03.1999. The petitioner also claims all other consequential benefits including the deemed date of promotion.
(2.) The petitioner while working as Senior Assistant in the services of the National Textile Corporation at Model Mills, Nagpur, was dismissed from service after holding an enquiry by an order dated 11.02.1992. This was the subject matter of challenge by the petitioner in Writ Petition No. 782 of 1992, which was allowed by the Division Bench of this Court on 18.04.2007, setting aside the order of termination and granting him reinstatement with 75% of back wages from the date of dismissal till the date of his superannuation.
(3.) The petitioner has filed a Chart at Annexure 8 on page 32 of the petition showing that the respondents have paid 75% of back wages for the period from 11.02.1992 to 12.03.1999 amounting to Rs.2,95,769/; amount of gratuity of Rs.1,02,969/; amount of leave with pay of Rs.4,759/and the cost of petition of Rs.5,000/. The payment of this amount by the respondents to the petitioner is not disputed. Out of total dues of Rs.3,78,543/payable to the petitioner, the respondents admit to have deducted an amount of Rs.25,504/towards the petitioner's share in the provident fund along with an amount of Rs.4,450/towards the profession tax. It is the case of the petitioner that in addition to this, an amount of Rs.30,182/of employer's share in the provident fund was also deducted from the amount payable to the petitioner. However, this fact is disputed by the respondents.;


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