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Lifeisgreat (None)     31 May 2015

Please guide me for job termination and court order

Dear Experts,

My brief story is as under:

  1. I was terminated by a pvt ltd company due to hypothetical and illegal reasons in 2002. By appointing a inquiry commission. Based on own commission report, they terminated me.
  2. I filed case in labour court.
  3. Company could not prove allegations and court awarded me following
  4. During court case, I have not worked except sundy and miscellenous assignments and company has not been able to prove that I was employed any where. Nor company seems to have put any effort for the same. However court has made remark that "IT CAN NOT BE ASSUMED THAT RESPONDENT BEING HIGHLY EDUCATED PERSON, DID NOT PRREFERRED TO WORK"


  1. Termination is declared illegal by court.
  2. Court ordered to take back in job and considered job as continuous and awarded 40% wage for case duration.
  3. Court also awarded Rs 5000 as court charges.


I am not interested in continuing with job and company is also not interested to keep me in job. I have not declared to company yet that I am not interested as I would like to get maximum compensation by negotiation and settle the matter and move on in my life.

I need guidence on following:

1. What does 40% back wages means? Does that mean that I get all increments, leave and bonuses declared by company?

2. Since my termination company has abolished my post hence company says that it is not supposed to pay increment for  back wages.

3. If I settle with company, how much of my future pay I am eligible to get? I am 55 years old and if 60 years retirement age is considered, I am yet to work for about 4 and half year.

4. What would be graduity? Will it be calculated as 40% of the duration of court case or it would be 100% of my present salary considering all increments and bomuses?

5. If company appeal in High court, can they get my compensation reduced?

Please guide me and oblidge as even after winning case I am in tension as I just dont want this matter to last longer and I do not want to fight again for few years and loose money on legal battels. I also need large chunck of money to meet my health needs.

Thanks you all.



 1 Replies

Kumar Doab (FIN)     21 June 2015

Even if company has abolished the post it has to absorb you in emploment.


Increment; If annual increment is given as per service conditions and min and max. rates are prescribed you ahve a point.

Otherwise get Back wages @40% of what you got last.


Gratuity shall be computed as per last drawn wages.


Bonus as declared by company 8.33-20%.


The company may not offer more than the order by court.

HC can increase or decrease the rate of back wages or declare that nothing is payable.


Your lawyer that helped yuou in the case c an guide you further.

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