Reinstatement & back wages
M R Shaikh
(Querist) 24 September 2013
This query is : Resolved
Respected Sir,
In a case where govt employee was terminated illegally and the Later the Hon'ble CAT,Principle Bench,Delhi order " The Applicant shall be reinstated in service with consequential benefits of seniority, pay fixation and promotion. He will, however, not be paid back wages for the period he has not actually worked"
In this case the Tribunal did mentioned that he will not be able to get back wages..now the question is that applicant was terminated illegally by the department with out following the government rule & procedure,The applicant was out of service for the three with out being his fault.
Now my question is that can applicant file a case in High court only challenging the back wages. What is the period(during the order can be challenged) for challenging from the date of the order. does any high court or supreme court ruling will help him getting the compensation for the his loss. or he can get back wages for the period."
Isaac Gabriel
(Expert) 24 September 2013
Except salary the other benefits.ie increment,service,promotion etc., are admissible.In case you want to challenge the order for salary for the period of absence,you can file a case in High court.But,you can do this after joining duty.
Raj Kumar Makkad
(Expert) 25 September 2013
You can definitely go to high court as desired within 30 days of receipt of the copy of judgment passed by CAT.
Sudhir Kumar, Advocate
(Expert) 05 October 2013
No need going to High Court. It is detrimental to employee. You are simplying the job of deptt in denying him wages/.
As you said the CAT has used the word "consequential benefits"
This term is completed when the applicant gets everything and every penny which he lost on account of being terminated.
File CP before CAT. Limitation is one years from the date by which CAT order was to be implemented.
Sudhir Kumar, Advocate
(Expert) 05 October 2013
How many threads you have on one uery and scatter facts and taking exam of experts :-
http://www.lawyersclubindia.com/forum/Service-termination-79251.asp#.Uk-_yFPQyVE
http://www.lawyersclubindia.com/forum/Renistatement-in-service-amp-back-wages-89105.asp#.Uk-_vlPQyVE
http://www.lawyersclubindia.com/experts/Time-frame-for-challenging-CAT-order-in-high-court-425116.asp#.Uk-_vlPQyVE
http://www.lawyersclubindia.com/forum/Time-frame-for-challenging-cat-order-89259.asp#.Uk-_u1PQyVE
http://www.lawyersclubindia.com/forum/Reinstatement-amp-back-wages-89180.asp#.Uk-_vFPQyVE
http://www.lawyersclubindia.com/experts/Reinstatement-Back-wages-424891.asp#.Uk-_vFPQyVE
