Retirement benefits to reinstated employee who joined duty.

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 and now I will retired on Feb.2018. can I entitled back E.L. and gratuity full back 21 year.

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P. Venu (Expert) 12 December 2017
Why two queries on the same subject matter?

Anyhow, the facts stated suggests that you are entitled for retirement benefits as well the credit of EL subject to the rules and regulations/standing orders.

Guest (Expert) 12 December 2017
Retirement benefits are based on the basis of emoluments drawn before the date of retirement. So that is quite a separate question than the issue of reinstatement. So, at first, pay has to be fixed on reinstatement as per the rules with specific reference to the order of the court.

As such, order of the court is required to be examined with reference to the reliefs asked through the petition as well as the order of reinstatement issued by the management before arriving out some purposeful opinion.

Guest (Expert) 12 December 2017
Perfectly advised by Mr. Dhingra. Order of the court is required to be interpreted appropriately.

Guest (Querist) 12 December 2017
Management give me 50% back wages from the date of demand notice but without add in salary back 21years's annual increments.

Kumar Doab (Expert) 13 December 2017
In your posts it is not made clear what was pleaded and what was awarded and what is the reply with reasons of employer w.r.f annual increments.

Dr J C Vashista (Expert) 16 December 2017
Very well advised by expert Mr. PS Dhingra, I endorse and appreciate his acumen.

Kumar Doab (Expert) 16 December 2017
In both threads you have not posted the extracts.

Other thread is at;

http://www.lawyersclubindia.com/experts/Benefits-of-back-increments-others-to-reinstated-employee--665091.asp