Friday, July 22, 2022

Application of Siddharth International Public School seeking extension of time to pay arears of salary – Rejected by Delhi High Court

14.07.2022

Delhi High Court (DB)

 

Application of Siddharth International Public School seeking extension of time to pay arears of salary – Rejected by Delhi High Court

 

Teachers of Siddharth International Public School had filed a writ petition [WP (C) No. 2734/2021] before the Hon’ble Delhi High Court seeking arrears of salary for the period from 01.04.2020 till 30.06.2021. Vide Order dated 03.09.2021, the said writ petition was allowed and the school was directed to pay the arrears of salary along with interest thereupon to be calculated @ 7% per annum.

 

Being aggrieved by the Order dated 03.09.2021, the school preferred an LPA [LPA No. 450/2021] before the Division Bench of the Hon’ble Delhi High Court. The said LPA was disposed of by the Division Bench of the Hon’ble Delhi High Court vide Order dated 24.11.2021. The Order reads as under: -

“(i) That the appellant–school will pay the balance salary, as indicated in paragraph 2.2 of the writ petition, to the concerned teachers for the period spanning between 01.04.2020 and 30.06.2021.

 

(ia) Mr. Anuj Aggarwal, who appears on behalf of the respondents, after receiving instructions from the respondents, has confirmed that the span period would end on 30.06.2021.

 

(ii) The aforementioned amount i.e., the balance salary payable to the respondents would be paid within sixteen [16] weeks, along with simple interest at the rate of 7% per annum.

 

(iii) The period of sixteen [16] weeks will commence from today. The interest will, however, run from the date of the judgment of the learned single judge i.e., 03.09.2021.

 

(iv) In case the balance salary is paid to the respondents at an earlier date, the interest will stand reduced proportionately.”

 

The school, however, failed to comply with the directions passed by the Hon’ble Delhi High Court in Order dated 24.11.2021. Consequently, the teachers were constrained to file a contempt petition [Cont. Case No. 380/2022]. The said contempt petition is pending before the Hon’ble Delhi High Court and is now listed for hearing on 27.09.2022.

 

In the meanwhile, the school filed an application before the Division Bench of the Hon’ble Delhi High Court, thereby seeking extension of time to pay the arrear of salary. The said application was dismissed by the Hon’ble Delhi High Court vide Order dated 14.07.2022. The directive part of the Order dated 14.07.2022 reads as under: -

“6. The order was passed with the consent of the parties and the school was required to pay salary to the teachers within the time framework as directed by the Division Bench of this Court.

 

7. Till date, the salary has not been paid as directed by the learned Single Judge and the Division Bench. Now, the present application has been filed for grant of extension of time for payment of salary.

 

8. Learned counsel for the appellant has argued before this Court that the school is still facing financial crunch and 60% of the arrears have already been paid. Learned counsel for the respondents/ teachers have stated that the school is collecting hefty fees from the students every month and; they have got sufficient resources to pay arrears of salary to the teachers; and instead of clearing the dues, they are repeatedly issuing show-cause notices to the teachers as to why they are demanding salary.

 

9. This Court is of the considered opinion that the order was passed by the learned Single Judge in September 2021 and ten months have passed and the order has not yet been fully complied and therefore no further time can be granted to the appellant school. Resultantly, the application preferred by the school being C.M. No.24015/2022 is rejected.”

 

 

https://www.advocateanujaggarwal.com/home.php

 

https://www.advocateanujaggarwal.com/advocateadmin/img/Finalist/2022072216584988272022%20-%20SIDDHARTH%20INTERNATIONAL%20PUBLIC%20SCHOOL.pdf

 

Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com

 

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