The Court allowed the summons petition against an airline to pay salary to a respondent-resident in the USA, conditioning the relief on the respondent's return to India and filing an affidavit of return.
Direction to pay Rs.3,897.55 p.m. basic salary, conditional upon the respondent's return to India and filing an affidavit of return.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 296 OF 2005
IN
WRIT PETITION NO. 721 OF 2005
Indian Airlines Ltd. .. Petitioner
versus
V.N. Jalpur & Anr. .. Respondents
Mr.S.M. Dixit with V.M. Parkar i/b Chhaya Shah for
the petitioner.
Mr.Mohan Bir Singh for the respondent no.1.
CORAM : D.G. KARNIK,J.
DATED : 20th July 2005.
P.C.:
1. Heard learned counsel for the parties.
2. The facts of this case are similar to the
fact in Notice of Motion no.295 of 2005 in which
order has been passed by me today. Hence, for the
same reasons, this motion also needs to be allowed.
The only point of distinction which is brought about
by the learned counsel for the petitioner is that the
applicant respondent is not staying in India and is
staying in the United States as admitted by him in
paragraph no.9 of the affidavit in support of the
motion itself. He therefore submits that the
discretionary order need not be passed in his favour
as he is staying in the United States. Learned
counsel submits that the applicant is not expected to
live in United States at the mercy of his brother in
law. Submission is accepted The payment of the money
would be conditional upon the applicant returning to
India and file an affidavit of his return in India in
this Court. In the circumstances, I pass the
following order:-
3. The petitioner is directed to pay a sum of
Rs.3,897.55 p.m. being the basic salary excluding
the allowances to the applicant on and with effect
from the date of the return of the applicant to
India. The applicant shall file an affidavit of his
return to India in this Court and serve a copy
thereof on the petitioner. The order for payment
shall become effective on service of such copy.
Payment shall be made on or before 10th day of every
successive month.
D.G. KARNIK, J
2 issues framed by the court
Whether the petitioner is directed to pay salary arrears and future salary to a respondent residing abroad in the USA?
What conditions must be imposed for the payment of salary if the respondent is not staying in India?
Indian Airlines Ltd.
V.N. Jalpur & Anr.
D.G. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court