1. Reinstatement of employee per court order — Non-payment of salary following reinstatement. (Para 1 )
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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
Important Points
Failure to comply with court orders regarding salary payment may lead to contempt action
Subject
Civil Law - Employment Law
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
Legal Category Hierarchy
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
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
Table of Contents
2. Submission regarding non-compliance with court directions concerning the payment of salary after reinstatement. (Para 1 )
3. Non-payment of salary despite specific court directions warrants an explanation to avoid contempt proceedings. (Para 2 )
4. Failure to comply with specific court directions regarding salary payment may justify initiation of contempt proceedings. (Para 2 )
5. Direction to official to show cause against contempt for non-payment of salary — Order for personal appearance of parties. (Para 2 , 3 , 4 )
6. Can contempt proceedings be initiated for non-payment of salary following a court-ordered reinstatement?
Yes, the court may require the responsible official to explain why contempt action should not be initiated for failing to pay salary in accordance with specific court orders. (Para 2 )
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.
