Reinstatement order
Aman Sah Aman
(Querist) 31 December 2012
This query is : Resolved
Dear Sir,
I joined a company as probationary trainee. before my confirmation after completion of one year, company terminated by services. I filed a case in high court and won and decision came in my favour on 28/12/2012, which reads as-
"The appellants are directed to reinstate the candidate within 15
days of the production of copy of this order before the company and give him all consequential benefits like pay, allowances, etc. within next one month. However, it is made clear that this order shall not preclude the competent authority from taking fresh decision in the matter of confirmation of respondent No.1"
Meanwhile in July 2012, i had joined another company. I need to ask that should i resign first and then go to my first company for reinstatement or should i wait for the reinstatement order and then resign? Kindly guide me how should i approach my first employer with the court order?
Raj Kumar Makkad
(Expert) 31 December 2012
You should resign subsequent company and should join as per order.
Guest
(Expert) 01 January 2013
In fact, as of compliance of the court order, the company has to issue formal reinstatement order at its own within the prescribed time to enable you to join your post.
Suppose, the company decides to go to SC for an appeal against the HC orders and don't issue orders, what will happen to you if you resign the present post?
But, how mind it, if the company decides to comply orders of the HC and also pays you consequential benefits, like pay, allowances, etc., and you also accept the same, you can be held guildy of double employment also on account of your existing employment with the present company. So, you also need to weigh all the pros & cons of the judgment vis-a-vis your own present employment position.
Raj Kumar Makkad
(Expert) 01 January 2013
As per the judgment, the employee has to show its copy to the company and the employer shall have to take him back in service with aqll consequential relief so resign from the subsequent job is the best option.
R.K Nanda
(Expert) 01 January 2013
no more to add.
JANAK RAJ VATSA
(Expert) 01 January 2013
also weigh the pros and cons of you being comfortable in the old company after all this legal battle ?
Sudhir Kumar, Advocate
(Expert) 01 January 2013
I tend to agree with Mr Dhingra. As on now the old company has not offered any reinstatement order to enable you to join.
Aman Sah Aman
(Querist) 01 January 2013
Thank you very much sirs, for your valuable advice . If i resign from my current employer and go to my first company along with relieving certificate and declaration that i was employed for some period and i am not claiming pay for that period.Then can i be held guilty of double employment?Please guide.
Raj Kumar Makkad
(Expert) 01 January 2013
If you resign from subsequent employment then you cannot be held guilty of double employment.
Sudhir Kumar, Advocate
(Expert) 02 January 2013
You should resign from second company before actually joining the old company.
At this stage there iso invitation from old company following court order. They may like to appeal or may immaturely try to just ignore and face contempt. Till such time they are made to comply you cannot be jobless.
