Padmaja (HR) 18 May 2011
Dear All
one of our employee who was terminated from service four years back, got award from labour court as reinsatement without backwages. Now if we do not reinstate him, can he claim his wages. if yes, under which section he can claim wages.
thanks in advance
radha krishna (vp-hr) 20 May 2011
1. If you don't reinstate, the employee has option to file a contempt of court case against the company.
2. No option- you have take him on duty or pay his salary from the date on which he has to be reinstated.
3. You have an option file an appeal- consult an advocate. However, while admitting the appeal court may order you to pay or deposit in court the salary in full or part, depending on how strong your grounds of appeal are.
Kumar Doab (FIN) 20 May 2011
Learned expert/member has given valuable advice. Please follow it.
Please look at the situation from all prospective.
The employee was terminated for some reason deemed to be fit during or prior to your tenure. The termination happened for just/justified reason, and after exhausting all options? After all termination is the extreme step/punishment and has a stigmatic effect.
Someone has to undo the damage.
In many cases termination of employment is executed by HR or concerned department to satisfy the high/large ego of some executive. Some executive might believe one termination shall help to deter and subdue other employees.
There was some merit in the case and that is why the court of law passed an order to reinstate the employee.
The employee can also approach his lawyer/law firm and can decide his next strategy, depending upon compliance of the company.
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