CS(OS)--1104/2013. Case: NATASHA GUPTA Vs. THE KINGFISHER AIRLINES LTD.. High Court of Delhi (India)
| Case Number | CS(OS)--1104/2013 |
| Citation | NA |
| Judgement Date | March 07, 2014 |
| Court | High Court of Delhi (India) |
THE KINGFISHER AIRLINES LTD ..... Defendant
Through : Mr.Abhijeet Swaroop, Adv.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J (ORAL)
I.A. 15249/2013
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Present application has been filed by defendant under Order Rule 3(5) seeking leave to defend.
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Plaintiff has filed the present suit under the provisions of Order of the Code of Civil Procedure seeking recovery of Rs.58,79,152 with pendente lite and future interest at the rate of 12% per annum. As per the plaintiff, present suit is based on the written employment which is in the form of a letter dated 1.7.2011, addressed defendant to the plaintiff.
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Before the rival submissions of the parties can be considered, the facts of the case are being noticed. The plaintiff claims herself to certified pilot, who is having a requisite license issued by the General of Civil Aviation (DGCA). After obtaining the license, plaintiff joined as a Co-pilot on ATR Aircraft with AIR DECCAN
24.5.2007. Thereafter in the same year, AIR DECCAN merged Kinfisher Airlines Limited, and the plaintiff was hired on the
CS(OS) 1104/2013 Page 1 of 13
plaintiff was also entitled to other statutory benefits being Provident Fund and gratuity as per Employees Provident Fund Act, 1952, and being 15 days’ salary after having completed five years in Counsel further submits that it is the case of the plaintiff
27.10.2011 the plaintiff was further granted an enhancement of lakh, per month, being loyalty bonus, for being a pilot of the ATR and, thus, her salary was increased to Rs.5,57,500/-, per month.
is placed on the original letter dated 27.10.2011. Counsel contends w.e.f. November, 2011, the defendant started paying the salary to the plaintiff, which was ultimately stopped in the month of July, Counsel further contends that despite various assurances given defendant, the plaintiff was not paid a single penny towards outstanding salary, as a result of which, she mailed her resignation on 22.3.2013, which was accepted by the defendant on 25.3.2013.
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According to the plaintiff, the defendant has illegally and withheld the salary of the plaintiff for a period of nine months i.e.
July, 2012, to March, 2013, besides, non-payment of statutory dues, being Provident Fund, Gratuity, Paid leaves, Bonus, etc.
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The following amounts have been claimed by the plaintiff:
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Rs.1,12,330
Provident Fund from the date of joining i.e., 24.05.2007 till the date of relieving i.e., on
25.03.2013
Leave Encashment for 10 days. Rs.20,660
Gratuity from the date of joining
i.e., 24.05.2007 till the date of relieving i.e., on 25.03.2013.
GRAND TOTAL Rs.58,79,152
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Learned counsel for the defendant submits that the present suit maintainable under the provisions of Order XXXVII of the Code of Procedure as the plaintiff has failed to place on record the employment agreement dated 24.5.2007. Counsel further submits the absence of the original document, the present suit would maintainable. Reliance is placed by counsel for the defendant in the of Neebha Kapoor v. Jayantilal Khandwala and Ors. , reported at
(3) SCC 770, more particularly para 11, which reads as under:
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For the purpose of obtaining a summary judgment in Order 37 of the Code, ordinarily the original documents produced. Original documents are not available.
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Rs.2,14,615
and...
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