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Legal representatives not entitled to the arrears of salary of the deceased: SC

Monday, 15 October 2018

/ by OurLegalWorld
The Life Insurance Corporation of India v Sri Kalappa M. Sankad (D) Thr. Lrs. & Ors.

The Supreme Court on 12.10.2018, in The Life Insurance Corporation of India v Sri Kalappa M. Sankad (D) Thr. Lrs. & Ors.dispose of the appeal. The appeal was made filed against the High Court of Karnataka’s judgment an order which dismissed the appellant’s appeal Appeal No. 3120 of 2014 (S­RES).

FACTS: Mr. Kalappa M. Sankad was the original respondent herein. He died pending appeal and, therefore, represented by his legal representatives as respondents to continue the lis. The respondent worked with LIC since 1988 within the designation of an Apprentice Development Officer. Appellant (LIC) terminated the services of Mr. Kalappa by order dated 10.4.2013. Being grieved by the order , a departmental appeal was made which was subsequently dismissed. A writ made before the High Court of Karnataka that challenged his order of termination upon several grounds. The writ petition was allowed however setting aside the order of termination. Being aggrieved, the appellant filed an intra court appeal before the Division Bench, whereby the appeal was dismissed while upholding the order of the single judge that consequently gave rise to the filing of appeal by special leave in Supreme Court.

ISSUE: The only question, which survives for consideration in Supreme Court, is in relation to payment of back wages payable to the present respondents (legal representatives of Mr. Kalappa) as a result of setting aside of the termination order of Mr. Kalappa.

Held:

"It is not in dispute that there were certain recoveries also which were to be made from Mr. Kalappa under specific heads by the appellant such as (1) Provident Fund contribution­Rs.1,69,771.00 (2) Income Tax­Rs.4,00,000.00 and (3) recovery against loans & advances availed of by Mr. Kalappa while he was in service­Rs. 2,28,023.00 totalling to Rs.12,59,313.18. "

"In other words, after deducting Rs. 12,59,313.18 from Rs.20,57,107.18, the balance amount be paid to the respondents after making proper verification and calculation, if need be."

The Court disposed of the appeal by citing that it did not find any reasonable and solid reason to uphold the order of termination while setting aside the order, and concluding that the respondent’s claim pertaining to the arrears of salary held no sustainability.

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