50%back wages with cont. in service
Sat Pal Aggarwal
(Querist) 16 July 2013
This query is : Resolved
Dear All
I was appointed in a Co-op. Society on the post of Accounts Clerk in 1969. But in year 1978 i was illegaly terminated by the Society. I raise a disput case in Labour Court which give award in favour of me . but it takes a long time in Punjab and HYN. high court and in 2006 the single banch also give award in favour of me. but in 2008 the double bench remanded back it to Labour Court . Again the Labour Court give award in favour of me . but then Single bench give award in favour of me with 50% back wages with continuety of service in 2011 for giving benefit of long period to the society. My retirement date was december 2008. Now I want my claim as per Law which was on 50% back wages. Please advice me about what is amt. given under 50% back wages. My Salary having Basic, DP, many allowces and EPF . Whether under 50% back wages all Salary will be 50% or it will be 50% of Basic and DP with full allowances. What about retirement benifits i.e. gratuaty, E.L, EPF whether these are also 50% or Full. I want to know what is the meaning of 50% back wages as per LAW . And can i claim for my Promotions. which also give a big diff. What is the procedure for claiming my Promotions diff. I will highly regard for your reply.
Sat Pal Aggarwal
8901460549
P. Venu
(Expert) 24 July 2013
Grant of 50 per cent wages would not affect retirement benefits. The queriest is entitled to periodical increments and retirement benefits would be worked out on the basis of emoluments as on the date of retirement.
Queries regarding promotions etc. could depend on the facts and circumstances and regulations in force.
