The court disposed of a writ petition concerning payment of outstanding salary and gratuity. The respondent agreed to pay salary and compute gratuity, leading to an order directing payment within six months.
Payment of outstanding salary and gratuity (along with interest) to be made within six months.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 757 OF 2006
Shri S. Balkrishnan .. Petitioner.
vs.
State of Maharashtra
& Ors. .. Respondents.
Mr. Nitin Whatkar a/w Prajit Manjrekar i/by
G.S. Hiranandani for petitioner.
Mr. P.M. Palshikar, AGP., for respondent no.1.
Mr. Birendra Saraf a/w Vinod Kothari i/by Apex
Law Partners for R. No. 3.
CORAM : S.U. KAMDAR, J.
DATE : 17th April, 2006.
P.C.:
. The learned counsel for respondent no. 3
states that the respondent no. 3 will pay the
salary for the month of February 2002 of the sum of
Rs. 22,000/- to the petitioner as monthly salary
for the said month which has only remained
outstanding. In so far as the gratuity amount is
concerned, the learned counsel appearing for the
respondent no. 3 states that he will compute the
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gratuity amount at the rate of last drawn salary of
Rs. 22,000/- and pay the said amount along with
interest at the rate of 6% per annum upto the date
of payment i.e. 30.6.2005 and the difference of the
amount which is yet not paid, the interest will be
till the date of payment. The respondent no. 3
will be entitled to effect all deductions including
tax deductions which are permissible in accordance
with law. In so far as the claim of the petitioner
for payment of gratuity on salary as per the
appointment letter is concerned, the learned counsel
for the petitioner states that he has already filed
a suit being Suit No. 1669 of 2005 and shall claim
the further amount of gratuity if he succeeds in the
said suit.
2. All the aforesaid amount together with
interest to be paid within a period of six months.
3. The petition is accordingly disposed of.
However, there shall be no order as to costs.
Shri S. Balkrishnan
State of Maharashtra
Respondent No. 3
S.U. KAMKAR
As recorded by the court registry
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