Employer challenged a small causes court decree for recovery of unpaid bonus and leave encashment due on an employee's resignation. Reviewing the trial court's findings, the High Court found the bonus deduction wrongful but the leave entitlement overstated and reduced payable amount to Rs.50,000 with 6% interest.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CIVIL REVISION PETITION NO. 475 OF 2018 (SC)
BETWEEN:
THE MANAGING DIRECTOR, M/S. CONTROL INFOTECH PVT LTD., NO.426, 4TH PHASE, PEENYA INDL. ESTATE, BANGALORE-560 058
…PETITIONER
(BY SRI. BIPIN HEGDE, ADVOCATE)
AND:
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
SRI. DEEPANJAN GUHAMAJUMDER, AGED ABOUT 46 YEARS, R/AT NO.86, 1ST MAIN, 4TH CROSS, SANJAYNAGAR, UAS LAYOUT, RMV EXTENSION II, BANGALORE-560 094
(BY SRI. V. LAKSHMAIAH, ADVOCATE)
…RESPONDENT
THIS CRP IS FILED UNDER SEC.18 OF THE SMALL CAUSES COURTS ACT., AGAINST THE JUDGMENT AND DECREE DATED 05/07/2018 PASSED IN SC.NO.701/2013 ON THE FILE OF THE Ist ADDITIONAL JUDGE, BENGALURU, DECREEING THE SUIT FOR RECOVERY OF MONEY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
NC: 2024:KHC:37052 CRP No. 475 of 2018
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioner challenges the judgment and decree dated 05.07.2018, passed in S.C. No.701/2013 by the 1st Additional Judge, SCCH-11, Court of Small Causes, Bangalore, whereby the petitioner has been directed to pay a sum of Rs.74,052/- along with interest at the rate of 6% per annum from the date of filing of the suit until the date of realization.
NC: 2024:KHC:37052 CRP No. 475 of 2018
directed to pay a reduced amount of Rs.50,000/- (Rupees Fifty Thousand Only) along with interest at the rate of 6% per annum, as full and final settlement of the plaintiff's claim. The interest shall accrue from the date of filing of the petition until the date of actual realization. To this extent, the impugned judgment and decree are modified, and the petition is partly allowed.
Sd/(HEMANT CHANDANGOUDAR) JUDGE
JJ
1 issue framed by the court
Was the decree amount of Rs.74,052 for deducted account bonus and earned leave encashment justified by the evidence?
1 provisions across 1 enactments
The Managing Director, M/s. Control Infotech Pvt Ltd
Sri. Deepanjan Guhamajumder
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
