- (1.) This is the suit is for recovery of amount on account of arrears salary and other service benefits.
(2.) The plaintiff claimed that the plaintiff was appointed initially an employee of the defendant on its Topsia Warehouse. In 2007 he was drawing a gross salary of Rs. 15,000/- in addition to the following benefits : - A. Reimbursement of taxi fare to and fro from residence to warehouse (Approx 5,800/- to 6,200/- P.M.) B. Incentive per month Rs. 4000/- to Rs. 5000/-. C. Leave Pay Salary for last drawn salary (one month each year). D. Bonus one month salary for the last drawn salary for each year. Since 2006 the payment of monthly salary and other benefits payable by the defendants to the plaintiff became irregular. Despite several requests the defendant had failed and neglected to pay the salaries and other service benefits. In view that it became difficult for the plaintiff to continue the service with the said defendant and accordingly on 7th August, 2012 he tendered resignation and requested the defendant to settle the accounts as early as possible. The said letter was sent by E-mail and also by registered post. The keys of the warehouse were also handed over to the plaintiff at the said office on July 12, 2010 and subsequently duly confirmed and recorded in the letter dated 24th July, 2010. The defendant accepted the said resignation. However, the said defendant had failed and neglected to pay the arrears salary and the other benefits to which the plaintiff was entitled under the service conditions.
(3.) The plaintiff has given particulars of such claim in paragraph 7of the said plaint aggregating Rs. 10,75,421/-. The plaintiff initially filed a winding up petition against the said company in view of the defendant's failure to pay the aforesaid sums. The claim of the plaintiff was relegated to the defendant upon depositing a sum 1.35 lakhs with the Registrar, Original Side with a direction that the said amount shall be deposited in fixed deposit in any nationalized bank and shall be kept until disposal of the suit.;