Benefits of back increments, others to reinstated employee .
Guest
(Querist) 11 December 2017
This query is : Resolved
My question is that which benefits to employee ( Court Award :- The termination is illegal and set aside . The workman is ordered to be reinstated into the service of respondent w.e.f the date of demand notice with continuity of service and with 50℅ of back wages. I joined my duty on Oct.2015 employer not give me back 21 years annual increments, I also demand these through written but they denied.They give me fresh starting pay on Oct.2015. and now I will retired on Feb.2018. can I entitled back E.L. and gratuity full back year.
P. Venu
(Expert) 12 December 2017
The facts, as stated, suggests that the Employer is wrong in denying past increments as well as continuity of service. However, any concrete suggestion requires that the judgment be perused.
R.Ramachandran
(Expert) 12 December 2017
Please get in touch with the same lawyer who got you relief in the Court. He will provide all the necessary clarification to your queries.
Guest
(Expert) 12 December 2017
I may differ with the views of Mr. P. Venu that employer is wrong in denying past increments in the absence of any order about the period of termination, how treated.
Increment depends solely upon the decision about the period from the date of termination and rejoining of duty on reinstatement, whether treated duty OR not.
.
Guest
(Expert) 12 December 2017
Very well advised by Mr. Dhingra. I endorse his views.
Kumar Doab
(Expert) 13 December 2017
Can you post the extracts of the judgment?
Has the company declined to compute of EL and Gratuity as per details in your query?
The gratuity is after severance of employer-employee relationship.
Dr J C Vashista
(Expert) 16 December 2017
Show the judgment to some other prudent lawyer practicing labour and service matters for proper advise and proceeding, if you have lost faith in your lawyer who have successfully managed the order/judgment in your favour.
Kumar Doab
(Expert) 16 December 2017
You have not posted the extract.
Based on contents in your 1st post Shri P.Venu has responded and it is agreeable.
Based on contents in your 1st post Vashistaji has responded and you can act on it.
You own lawyer that has fetched you the relief posted by you, can certainly advise you or you can approach any other very able Senior LOCAL counsel/Lawyer/Law Firm of unshakable repute and integrity specializing in Labor/service matters and having successful track record in Courts of Law.
Guest
(Querist) 06 January 2018
My award as under;-
Thus holding inquiry without proper notice to workman is neither fair nor proper and on the basis of the inquiry report, aforesaid, the termination of the service of the workman is illegal.
The third illegality in the termination of the service of the workman is that he has been
terminated from service vide letter dated 27-9-1995 ex MW2/11 w.e.f. 10-06-1994. Termination from retrospective date is not permissible or legal. All the issues are decided in favour of the workman and against the management.
In views of my aforesaid observations and
Findings, I hold that examinating from any angle, the termination of the service of the workman, vide letter letter dated 27-9-1995 Ex MW2/11 can't be upheld. It is illegal without holding proper inquiry . No notice or notice pay was given nor any compensation was paid. The termination is illegal and set aside . The workman is ordered to be reinstated into the service of respondent w.e.f the date of demand notice with continuity of service and with 50℅ of back wages.
Management give me 50% back wages from the date of demand notice but without add in salary back 21years's annual increments.
I joined my duty on Oct.2015 and now I will retired on Feb.2018. management fixed my pay fresh pay scale without adding 21 year annual increments in pay.
Guest
(Expert) 06 January 2018
Already advised on judgment basis also, as in the following thread:
http://www.lawyersclubindia.com/experts/What-relief-to-reinstated-employee-in-service-with-continuit-667666.asp
P. Venu
(Expert) 06 January 2018
As the decision holds the termination to be illegal, you are entitled for the annual increments during the entire period.
Guest
(Expert) 06 January 2018
I still differ with the opinion of Shri P. Venu. 50% of wages do not qualify for increments, particularly in the absence of specific orders for treatment of intervening period between termination and reinstatement, as duty period for all purposes.
Kumar Doab
(Expert) 06 January 2018
IN Experts section the option to attach is not available.
You may attach the demand notice, judgment in Forum.
Erase all names/phone numbers/email id's/case numbers/addresses/phone number etc to maintain the confidentiality.
