CAPTAIN AMAR BHATIA Vs. KINGFISHER AIRLINES LIMITED

JUDGEMENT

(1.) THE plaintiff has instituted this suit under Order 37 of the CPC for recovery of Rs.25,68,676/ - with pendente lite and future interest, pleading: - (i) that the plaintiff was appointed as a Transition Captain of Airbus - A -320 Aircraft with the defendant at New Delhi with a consolidated salary of Rs.4,30,000/ - per month and joined w.e.f. 7th January, 2008; (ii) that the defendant was however in a financial mess and unable to pay the salaries and owing whereto the plaintiff had no option but to resign from the employment of the defendant vide letter dated 13th February, 2012 which was accepted by the defendant in June, 2012 and the plaintiff was given No Objection Certificate; (iii) that the plaintiff has not been paid his salary for the months of December, 2011 to 14th February, 2012 i.e. for a period of two and a half months; (iv) that a sum of Rs.13,00,000/ - is due to the plaintiff towards salary from December, 2011 to 14th February, 2012 at the rate of gross salary of Rs.5,20,000/ - and a sum of Rs.64,066/ - is due to the plaintiff towards Leave Encashment of 31 days and a sum of Rs.10,00,000/ - is due towards gratuity; (v) that the said salary / dues have been admitted by the defendant in various e -mails but not paid; and, (vi) that besides the aforesaid total principal sum of Rs.23,64,066/ - a sum of Rs.2,04,610/ - is also due towards interest thereon at 12% per month till the date of institution of the suit, making a total of Rs.25,68,676/ -.

(2.) THE suit was entertained under Order 37 and summons for appearance, and upon the defendant entering appearance summons for judgment, were issued to the defendant and in response whereto the defendant has sought leave to defend contending: -

(3.) THE counsels have been heard.