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J. Linet v. The Asstt. Manager (Depot) Food Corp. of India

Civil Appeal · 2018 INSC 116Decided 8 Feb 2018
Civil Appeal No. 963 of 2009
Justice Kurian Joseph · Justice Mohan M. Shantanagoudar

Background

The appellant, J. Linet, had worked for two and a half years in the additional post of "Messenger" alongside her regular duties at the Food Corporation of India, on the strength of an office order (Exhibit P2) allotting her this extra duty. The High Court had already found, in the impugned judgment, that she had in fact performed this additional work and directed the Corporation to consider paying her extra remuneration for it. The Corporation appealed to the Supreme Court, resisting payment by pointing to an earlier order of December 1995 rejecting her claim.

Decision Breakdown

The Supreme Court held that the High Court's factual finding that the appellant had indeed worked as a Messenger for two and a half years had become final and was not open to challenge by the respondents at this stage. The Court was unpersuaded by the Corporation's reliance on the earlier rejection order. It disposed of the appeal by directing the respondents to pay the appellant the difference in wages for the two-and-a-half-year period during which she worked as a Messenger, after adjusting for emoluments she had already received as a casual worker, to be done within two months, with no order as to costs.

Lesson Learnt

Once a court's factual finding on extra work actually performed becomes final and unchallenged, an employer cannot avoid paying the corresponding dues merely by pointing to an earlier internal rejection order.

Official source (sci.gov.in)View Judgment (PDF)

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