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Mshrid   28 April 2019

Help regarding procedure to get back wages after court order

Sir ,My father was working in Food corporation of India and was terminated in 2001 .He moved to court against his termination and after 19 years he has won the case.My father passed away in 2016 and his retirement was in 2014.Sir court has ordered to give full back wages but we dont know how to approach to FCI .Sir we dont know what would have been his salary if he was in job all these years so kindly help  me by guiding how and from where i can get correct information regarding back wages .

Thank you 




 11 Replies

Dr J C Vashista (Advocate)     28 April 2019

Your father had engaged an able, competent and intelligent lawyer who has obliged you to obtain favourable order from the Court, it would be better consult him/her since s/he is well acquiented with facts of the case, whereas you have posted limited information in your query. 

If you are not satisfied with your (father's) lawyer consult a local prudent lawyer with relevant documents for better appreciation, guidance and proceeding.

Shashi Dhara   28 April 2019

If we verify it doesn't tallies .Ur father is terminated in 2001 then he has approached court in 2001andafter 19yrshe won the case that is2001+19yrsmeans2020i.e next year he died in 2016then who continued the case Ur lrs if not the suit may be decided where before2016

P. Venu (Advocate)     28 April 2019

Please clarify if your father had died during the course of the case or after the case was was decided? If the former case, whether the Legal Representatives were brought on record?

Mshrid   28 April 2019

Not everybody is fool but ur rude .My father died after 2 and half years of paralysis and the court order came after his death .Wht i wrote above is a  typing mistake but not so big mistake that u go on using such language that ppl stop asking for help in this forum.

Mshrid   28 April 2019

My father died during the course of the case . My father was terminated in 2001 and he moved to court .In 2014 he met an accident n was bedridden for 2 and 1/2 years he died in august 2016. The judgement came in 9.04.2019 .All i want to know is how to make a representation to get back wages as i hardly know anyone in FCI and i dont know about the procedure .All i wanted was little help from this forum experts. 

Mshrid   28 April 2019

No sir i am satisfied with my lawyer .All i wanted to know is how a prepare a represntation to get the back wages from FCI. Lawyer asked me that a proper representation along with correct back wages calculation need to be submitted in FCI with court order,but i dont know how to get this information about his back wages all these years.

Mshrid   29 April 2019

if u can not help whts the need to reply such things .Not everyone who post for help in this forum is an expert .some ppl r just  looking for real help as they dont hv anyone around to help

P. Venu (Advocate)     29 April 2019

The legal heirs of the deceased can address the authorities concerned. It could also be that the FCI would be taking up the matter with the Higher Courts (this is the usual procedure for a Government or semi-Government organisation, however flimsy there case be). If nothing happens for a period of six months or so, you can file an execution petition if the decision is from a civil court or a contempt petition if the decision was in a WP before the High Court.

Mshrid   30 April 2019

The case was filed in high court of chattisgarh and FCI filed an appeal against firts order that was to give only 25% of back wages and my mother also filed a review petition against the order.In the first order the court has accepted that the inquiry done against my father was all verbal and i quote from the first order "The inquiry report is completely unilateral. It nowhere considers
the defence of the petitioner. The Inquiry Officer proceeded to examine only
prosecution evidence and recorded a finding of guilt against the petitioner.
This clearly establishes beyond all pale of doubt that the Inquiry Officer was
completely biased and had actually prejudged each and every charge
against the petitioner. This also reflects that the inquiry was only a farce."


The inquiry report, therefore, was only an out come of
most unfair attitude of the Inquiry Officer


by the judge of high court of chattisgarh 

Mshrid   30 April 2019

kindly help me by guiding me how to make a representation to get the details of back wages of all these years of termination .Do i need to file an RTI to get information of salary history of T.A-grade 1  (Q.C) of FCI.

P. Venu (Advocate)     30 April 2019

Can you forward me a the cipies of the Judgments as well the Inquiry Report, if available? I will try to down load the Judgments if case numbers are intimated.




Vaikom 686143 Kerala State

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