Mr.J.Murugan v. M/S.Kothari Industrial

C.P.No.407 of 2015 RAJIV SHAKDHER, J.

1. Learned counsel for the respondent company, without prejudice to his rights and contentions, has brought to Court a cheque bearing No.599121, dated 18.06.2016, drawn on State Bank of India, in the sum of Rs.40,207/- favouring the petitioner in order to finally settle the claim of the petitioner.

2. Learned counsel for the petitioner says the cheque would settle the salary dues of the petitioner. Learned counsel for the petitioner has accepted the aforementioned cheque, without prejudice to his rights and contentions.

2.1. It the submission of the learned counsel for the petitioner that the total amount due to the petitioner is a sum of Rs.1,13,796/-, which is inclusive of arrears towards salary and allowances. 2.2. Learned counsel for the petitioner further says that at no stage, the figure of Rs.1,13,796/- was disputed by the respondent company.

RAJIV SHAKDHER, J., gg 2.3. It is, however, conceded by the learned counsel for the petitioner that the details of allowances payable have not been set out in the petition. Insofar as the arrears towards salary are concerned, it is affirmed by the learned counsel for the petitioner that the amount due is equivalent to Rs.40,276/-; which is the value of the cheque handed over to him in the Court today.

3. In these circumstances, the petitioner will file an additional affidavit detailing out the allowances due to him. The additional affidavit will be filed, within one week, with a copy to the counsel for the respondent company.

4. The respondent company will have liberty to file its reply, within one week from such affidavit served upon it.

5. At request, re-notify on 14.07.2016.

20.06.2016 gg Comp.P.No.407 of 2015