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
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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