TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Court rules in favor of plaintiff seeking arrears of pay & benefits, denies exemption from limitation period.</h1> The Court ruled in two companion appeals involving a plaintiff seeking recovery of arrears of pay and benefits from a corporation. The Court held that the ... - Issues:1. Interpretation of the provisions of the Payment of Wages Act and the Rules framed thereunder.2. Application of the principles of suspension of limitation or right of action in relation to the plaintiff's claim for arrears of pay.3. Examination of the Limitation Act and its impact on the plaintiff's claim for arrears of salary.4. Consideration of relevant case laws and judicial opinions on the suspension of limitation or right of action.Detailed Analysis:1. The judgment involved two companion appeals arising from a Special Civil Suit where the plaintiff, an employee of a corporation, sought recovery of arrears of pay, provident fund, gratuity, and other benefits. The plaintiff had previously filed a suit challenging his dismissal, which was partially allowed. The Corporation filed an appeal challenging the decree, arguing that the suit was barred under the Payment of Wages Act. The Court analyzed the provisions of the Act and ruled that the suit was not barred by any of the Act's provisions or the Minimum Wages Act.2. The plaintiff's claim for arrears of pay beyond three years from the date of the suit was contested, with the plaintiff seeking exemption from the limitation period based on the suspension of limitation principles. The Court examined various judgments, including one from the Allahabad High Court, regarding the suspension of limitation. However, the Court held that the Limitation Act is conclusive and does not allow for the general suspension of limitation or right of action, ultimately rejecting the plaintiff's contention for relaxation of the limitation bar.3. The Court delved into the provisions of the Limitation Act, emphasizing that all questions of limitation must be decided by the Act itself, and no separate principle can be invoked to circumvent its provisions. Referring to relevant Supreme Court and Privy Council decisions, the Court reiterated that the Act's provisions are peremptory, and Courts cannot go beyond them to relieve litigants from the limitation bar. The Court applied Article 7 of the Limitation Act to the plaintiff's claim for arrears of salary, confirming that the plaintiff was entitled to arrears for three years only from the date of the suit.4. Ultimately, the Court dismissed both appeals, confirming the trial court's judgment and decree. The plaintiff's claim for exemption from the limitation bar was rejected, and the Court ruled that no obviation of the bar of limitation could be allowed based on the general suspension of limitation or right of action. The Court ordered the Corporation to bear the court fees on the appeal due to the plaintiff's technical plea of limitation, issuing a certificate to the Collector accordingly.
TaxTMI 
TaxTMI 
