cpc

reinstatement under labour laws


Respected members, in a writ petition pending before the high court against an order passed by labour court in favour of the employee, the concerned contractual employee (beldar) is ready to give up his back wages but he is claiming reinstatement with consequential benefits . Kindly tell whether he can claim regularisation on the said post/ any other benefits on the basis of consequential benefits ? 

 
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Lawyer

The petition has been filed by employer and not the employee (Beldar) against an order passed by a competent authoirity wherein back-wages have been awarded in favour of workman.

The workman (respondent in writ petition) have limited say except the fact that the workman may request the employer(petitioner) as well as the Court for willingness to join without consequential relief., however, the petition can be withdrawn by the employer only, if satisfied with submissions made by the wrokman/respondent.

 
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Advocate

What is the order of the Labour Court? What is the context? Had the Labour Court ordered reinstatement as well as backwages?

What are the reliefs sought in the WP?

 
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Advocate

It is presumed that the appeal is for getting back wages.Why not compromise wth such prayer?.

 
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