The High Court dismissed a writ petition filed by an employee seeking recovery of unpaid salary from 1985 to 1996. The court held that the claim was time-barred as the petition was filed in 2000, well beyond the three-year limitation period applicable to such recovery claims.
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.
( 1 ) wp4875.00
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 4875 OF 2000
Jagdish s/o. Ratanlalji Mantri
..Petitioner
Versus
Marathwada Shikshan Prasarak Mandal,
Aurangabad and Ors.
..Respondents
Mr.S.S.Manale h/f.Mr.S.D.Kaldate,Advocate for the petitioner.
Mr. V.G. Shelke, AGP for respondent/State.
Mr. V.D. Salunke, Advocate for respondent No.1.
CORAM : A.V. NIRGUDE &
A.I.S. CHEEMA,JJ.
DATED :11.09.2014
P.C. :-
1.This writ petition is mainly filed for recovery
of unpaid salary for the period between May, 1985 to
July, 1996. The last amount payable to the petitioner
was in July, 1996. Had the petitioner filed Civil Suit
for recovery of amount, he could not have claimed more
amount than whatever was payable to him for three years
prior to filing of the suit. No such suit was filed.
Unfortunately, the writ petition was not filed within
three years from the last demand, which arose in July,
1996. So, had the suit been filed in July, 1996, the
petitioner could have succeeded in keeping such suit
within limitation for at least his demand of three years
preceding to July, 1996. But, this petition is filed in
April, 2000. The claim of the petitioner, thus, has
become hopelessly time barred. Hence, this writ petition
does not deserve any consideration. Hence, the writ
petition stands dismissed.
[A.I.S. CHEEMA,J.][A.V. NIRGUDE,J.]
snk /2014/SEP14/wp4875.00
2 issues framed by the court
Whether a writ petition filed in 2000 for recovery of unpaid salary dating back to 1985 is barred by the three-year limitation period applicable to civil suits for arrears.
Whether the writ court should consider a time-barred claim for unpaid salary when a civil suit was not filed prior to filing the writ petition.
Jagdish s/o. Ratanlalji Mantri
Marathwada Shikshan Prasarak Mandal, Aurangabad and Ors.
A.V. NIRGUDE
A.I.S. CHEEMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court