NAGESHWAR PRASAD SINGH Vs. UNION OF INDIA
LAWS(JHAR)-2009-8-196
HIGH COURT OF JHARKHAND
Decided on August 01,2009

NAGESHWAR PRASAD SINGH Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) HEARD Sri Krishna Murari, learned counsel for the petitioner and Sri Ananda Sen, learned counsel for the respondent C.C.L.
(2.) THE petitioner in this writ application has prayed for a direction to the' respondents to pay him the dues of salary for the month of January 1993 and for the period of suspension between February, 1993 and August, 1993 and also to pay the amount of Rs. 9,716/ - which was directed by the Labour Court, Ranchi in M.J. Case No. 13 of 1996 and other dues which have not been paid to the petitioner. Learned counsel for the petitioner would explain that during the period of the petitioner's service, he was put under suspension on two occasions. On the first occasion, though he was paid the subsistence allowance but upon conclusion of the departmental enquiry, he was awarded with a warning and the suspension was revoked. The petitioner being entitled to the balance of the salary for the suspension period, had demanded the same but the amount was not paid and the dispute was therefore referred to the Labour Court which had decided the matter in favour of the petitioner directing the respondent employer to pay a sum of Rs. 9,716/ - to the petitioner. This order was passed way back on 23.12.1998. The respondents have not honoured the above directions of the Labour Court. Learned counsel submits further that on the second occasion though the departmental proceeding was initiated against the petitioner, but the same remained inconclusive till the petitioner's retirement in the year 2000. The salary for the suspension period, has not been paid to the petitioner between February, 1993 to August, 1993.
(3.) THE petitioner has therefore, prayed that the entire payment, which is legally and legitimately due to him, should be paid by the respondents together with the interest @ 18% per annum.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.