VISMAY DIGAMBAR THAKARE versus RAMCHANDRA SAMAJ SEWA SAMITI AND ORS.

Appeal disposed of in terms of an amicable settlement, with appellant to be paid Rupees one lakh towards back wages, jointly and severally by respondent No.1 Samiti and respondent No.2 Institution, in full and final settlement of claim.

Parties: Appellant: Vismay Digambar Thakare; Respondent No.1: Ramchandra Samaj Sewa Samiti; Respondent No.2: Institution (unnamed, respondent No.2)
Jurisdiction: India
Judgment Date: 02 March 2012
Procedural Posture: Civil Appeal / Final Disposition After High Court Review
Outcome: Appeal partly allowed
Legal Topics: Back Wages, Amicable Settlement

Service Law Back Wages Amicable Settlement

Case Brief

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Parties

Vismay Digambar Thakare

Appellant

Ramchandra Samaj Sewa Samiti

Respondent No.1

Institution (unnamed, respondent No.2)

Respondent No.2

Procedural Posture

Civil Appeal / Final Disposition After High Court Review

Legal Issues

1 Whether appellant is entitled to back wages after High Court set aside School Tribunal's award
2 Whether assertion of not being gainfully employed is necessary for award of back wages

Ratio Decidendi

Court Disposition

Appeal partly allowed

Orders

Appellant to be paid by respondent No.1 Samiti and respondent No.2 Institution jointly and severally a sum of Rupees one lakh towards back wages in full and final settlement of the claim
Payment to be made within three months; failing which, amount shall earn interest at 10% per annum from date of judgment till actual payment