JUDGMENT :

NEENA BANSAL KRISHNA, J.

1. The present Regular First Appeal under Section 96 read with Order XLI of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") has been preferred by the Appellant/Plaintiff, Anju Dhawan, assailing the Judgment and Decree dated 09.04.2024, whereby the Suit for Recovery of Rs.9,09,593/- filed by the Appellant/Plaintiff has been dismissed, by the learned Additional District Judge-10, Delhi.

2. The Appellant/Plaintiff instituted the CS DJ No.13442/2016 for recovery of Rs.9,09,593/- (principal sum of Rs.3,10,500/- on account of deferred salary and compensation bonus, Rs.4,05,498/- on account of gratuity, leave encashment and other terminal dues, and interest of Rs.1,93,595/-).

3. Briefly stated, the case of the Appellant/Plaintiff was that she joined the services of the Respondent Company on 01.10.1993 and continued in employment till 22.07.2004. At the time of her resignation, she was serving as Senior Member, Consulting Staff of the Company and was drawing a gross monthly salary of Rs.83,333/-.

4. During the financial year 2002-2003, the Respondent Company faced financial difficulties on account of substantial investments in infrastructure and delayed payments from its overseas affiliated entities. Consequently, in March 2002, the Defendant Company decided to defer a portion of the salaries payable to employees drawing salaries above Rs.12,000/- per month, for the financial year 2002–2003 on a graded scale of 15%, 20%, 25% and 30% depending upon the salary range. The employees were also promised one month's salary, as bonus compensation, to offset the financial hardship occasioned by the deferment of salaries. The deferred salary was to be paid on 01.04.2003.

5. The deferment was implemented on a graded scale, and since her gross salary in March 2002 was Rs.67,500/- per month, 30% of her gross salary amounting to Rs.20,250/- per month, was deferred from April, 2002 till March, 2003. The deferred component aggregating to Rs.2,43,000/-, was agreed to be paid on 01.04.2003.

6. The Appellant/Plaintiff further asserted that, as per the policy of deferment, she was also entitled to Rs.67,500/- i.e. one month's salary, as bonus compensation. Hence, a total amount of Rs.3,10,500/- was due and payable to the Plaintiff, as on 01.04.2003.

7. Appellant/Plaintiff stated that during an Open-House Meeting held on 09.08.2002, the Management announced restoration of salaries of certain employees i.e. lowest salary group of Rs.12,000/- to Rs.20,000/- per month, with effect from 01.10.2002, and assured that the cases of other employees would also be reviewed and their deferred salaries, would be released.

8. As per the Appellant/Plaintiff, the said announcement had been made with the approval of the CEO of the Defendant Company, who had sent an e-mail dated 09.07.2002 to Mr. Raju Ahluwalia, with copies to Mr. Ajay Malik and Mr. Sunil Vadehra regarding the preponement of the decision to restore salaries to the earlier levels.

9. While the original salary of the Appellant/Plaintiff of Rs.67,500/- stood restored w.e.f. 01.04.2003, the management sought more time to pay the arrears of the deferred salary along with the compensation bonus. The Plaintiff has also relied upon a communication dated 01.04.2005, issued by the CEO of the Respondent Company assuring clearance of her dues by 31.05.2005. However, payment of the deferred salary and compensation bonus, continued to be postponed, despite repeated requests.

10. The Appellant/Plaintiff further stated that at the time of her separation, she was entitled to Car Rental of Rs.4,258/-, other reimbursements of Rs.19,476/-, Gratuity of Rs.3,05,250/- and Leave Encashment of Rs.81,694/-, while the Respondent being entitled to deduct notice period pay of Rs.5,180/-. The said terminal dues, aggregating to Rs.4,05,498/-, which became due on 23.07.2004.

11. Despite subsequent communications sent by the Plaintiff asking about her dues, including her letter dated 07.09.2005