Supreme Court of India · 1996-10-11
UNION OF INDIA vs PUNNILAL .
- Citation / case number
- SC 1995/16961
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- PUNNILAL .
- Author
- G.B. PATTANAIK K. RAMASWAMY
- Bench
- G.B. PATTANAIK K. RAMASWAMY
Judgment text excerpt
The Supreme Court held that the authority under the Payment of Wages Act lacks jurisdiction to entertain a claim for back-wages when the claimant has previously sought a declaration for promotion without including a claim for back-wages, as per Order 2 Rule 2 of the Code of Civil Procedure. The Court found that the respondent's earlier suit for promotion did not encompass a claim for back-wages, thus barring the subsequent claim. Consequently, the appeal was allowed, and the order of the authority under the Payment of Wages Act was set aside.