Service Matter
Guest
(Querist) 22 March 2018
This query is : Resolved
Whether employee will be entitled to get all service benefits if he is reinstated in service. Details of case as under:-
Permanent semi govt. employee and management was terminated after 6 year and after 21 years joined duty as per court's award before 2.6 year retairment.
My question is that if allegations were not proved in the court and the court mentioned in award illegal termination .
Award of court as under:-
Reinstatement in service with continuity and 50% back wages from the date of demend notice.
Management not given me 21 years increments and earned leaves.
Management fixed fresh grade on rejoin in service.
Guest
(Expert) 22 March 2018
Complete case history along with court judgment is necessary to be examined in detail before arriving any purposeful opinion.
Adv. Yogen Kakade
(Expert) 22 March 2018
I agree with Mr. Dhingra.. also come with your identity.. as anonymous queries are not answered.
Ms.Usha Kapoor
(Expert) 23 March 2018
Whatever the court has awarded to you Management is duty bound to give those back wages + interest and earned leave and increments etc. Contact a good local lawyer.Anyway, unless I see the court Judgment I cant give a correct reply.
Guest
(Expert) 23 March 2018
Vague advice of Ms. Usha Kapoor !
You can get only false hopes from the strange judgment of Ms Usha Kapoor, if she states anything without seeing the reliefs granted by the real judgment of the court. You will be justified to ask her to guarantee to get you all those benefits that she pronounced.
Ms.Usha Kapoor
(Expert) 23 March 2018
@Jigyasu,
I also Stated in my reply last line that I( NEED TO see THE ACTUAL Judgment) in order to give a correct reply.
Ms.Usha Kapoor
(Expert) 23 March 2018
During my law practice days, I did some such cases wherein a illegally terminated man on adequate legal grounds was granted back wages, interest, increments. Earned leave etc.It all depends on the drafting by a clever and experienced ;lawyer. Most of your replies are commonsense based rather than knowledge of laws. But Criticizing other experts you would be the first. as if you own me or others who are targets of your criticism.Forgot the recent gratuity case where you committed blatant mistake in calculating gratuity along with Dhingra uncle and R.Ramachandran then I told the correct answer rather I was the only one to have written the correct answer.Shame on you.Out of your own inadequacy and jealousy you are criticizing me.You are just average in intelligence.Later Dhingra Uncle and you etc acknowledged your mistake also.
Guest
(Expert) 23 March 2018
The logic of advice of Ms Usha Kapoor is not understood, when she wanted to see the judgment.
Guest
(Expert) 23 March 2018
Baseless logic as afterthought by Ms. Usha Kapoor!
Were Ms. Usha Kapoor to see the court judgment, on what basis, she advised, "Whatever the court has awarded to you Management is duty bound to give those back wages + interest and earned leave and increments etc"? The querist has nowhere stated that such type of relief was granted to him by the court.
Kumar Doab
(Expert) 23 March 2018
You may attach the judgment ..Before attaching erase all names/logo/addresses etc to maintain confidentiality…
You may post in forum section and attach…
Approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and having successful track record and worth his/her salt….
Kumar Doab
(Expert) 23 March 2018
You may post with your ID and you can get many replies.
Your ID does not mean your full name, email id or phone number and don’t post these also.
P. Venu
(Expert) 23 March 2018
Admittedly, reinstatement has been with 50% of the back wages. Does the judgment suggest any direction as to increments as well the credit of EL?
