Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 Supreme(SC) 1682

SUPREME COURT OF INDIA
KURIAN JOSEPH, SANJAY KISHAN KAUL, JJ.
Emmanuel Lalith Kumar – Appellant
Versus
The Orthodox Syrian Catholic Educational Society (R) - Respondent
Petition(s) for Special Leave to Appeal (C) No(s). 31952-31953 of 2017 (Arising out of impugned final judgment and order dated 28-07-2017 in RP No. 159/2017, 16-10-2015 in WA No. 5326 of 2011 passed by the High Court Of Karnataka At Bengaluru)
Decided on : 09-07-2018

Advocates:
Advocate Appeared:
For the Petitioner: Mr. R. Balasubramanium, Mr. Sachin Sharma, AOR
For the Respondent: Mr. Sushil Kumar Jain, Mr. Prasad Hegde, Mr. H. Chandra Sekhar, AOR

Failure to comply with court orders regarding salary payment may lead to contempt action

Headnote:
Contempt - Salary Payment - Court directs explanation for non-payment of salary
Fact of the Case:

The petitioner was reinstated but no salary has been paid despite the court's order
Finding of the Court:

The Court directs the Regional Deputy Director to explain why action for contempt should not be initiated for non-payment of salary
Issues: Non-payment of salary after reinstatement
Ratio Decidendi: Failure to comply with court orders regarding salary payment may lead to contempt action
Final Decision: The President, Principal, and the petitioner are directed to be personally present before the Court on the specified date

ORDER :

1. Mr. R. Balasubramanium, learned counsel, points out that pursuant to our order dated 12.03.2018, the petitioner has been reinstated on 16.03.2018, but so far, despite our specific order, no salary has been paid after reinstatement.

2. We direct Mr. Mahesh Rao, Regional Deputy Director of Collegiate Education, Mangalore to explain as to why action for contempt may not be initiated against him for non-payment of salary as per our order dated 14.05.2018.

3. Post on 08.08.2018.

4. We direct the President, Principal and the petitioner to be personally present before the Court on that date.

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Judicial Analysis