SHRINBAI NETERWALA FOUNDATION Vs. NARENDRA

JUDGEMENT

(1.) BY this second appeal, the appellants have challenged the judgment passed by the trial Court on 16th April, 2003, as also the judgment passed by the District Judge, Bhandara, on 28th June, 2005.

(2.) SINCE the two connected appeals bearing Second Appeal Nos.9/2006 and 10/2006 are dismissed by a common order today, this appeal is also liable to be dismissed on all the issues except the issue in respect of the liability of the appellants towards the payment of bonus to the respondent-employee. Since the question involved in this second appeal is a short one as the other grounds raised in this second appeal are already rejected by this Court vide common order passed in Second Appeal Nos.9/2006 and 10/2006, this second appeal is heard and finally disposed of at the stage of admission.

(3.) A suit for recovery of arrears of salary worth Rs. 51,787/- was filed by the plaintiff/respondent. The aforesaid amount included the amount of bonus. The plaintiff had claimed the difference in salary worth Rs. 26,930/- for the period ranging from October, 1993 till September, 1996. The trial as well as the appellate Court, after considering the evidence on record, came to a conclusion that the plaintiff was entitled to an amount of Rs. 26,930/- as also the bonus of Rs. 9,676/- as claimed by the plaintiff. It appears that the Courts decreed the claim for bonus without there being any evidence on record to justify the grant of the same.