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suresh (Manager IT)     25 June 2011

Reinstatement with back wages

After illegal termination on Aug5th, 2010 we won the case agaist management  on June24 .

So any one can advise me what arethe necessary steps to follow  or protect myself?

Please help me  or suggest me through mail : snb_snb28@yahoo.com

Thanks for your help in advance.

Suneel



Learning

 10 Replies

Isaac Gabriel (Advocate)     25 June 2011

If the court has held your termination illegal, the management may reinstate you if it accept the verdict. If an appeal is made you will have to wait.

suresh (Manager IT)     25 June 2011

Thanks for your response Sir.

Please suggest me I am looking for my 9 years benifits like gratuity, Earn leave, Back wages, Claim of salary deductions along with this case.

I need file separate case or along with this verdict can I get justice.

I am worked 9 years for Limited software firm.

As workmen we filed under APS&E section 48 for reinstatement with back wages only in appeal and now under section 51 we claiming all the illegal deductions and other benifts.

Kumar Doab (FIN)     26 June 2011

You must have received the copy of the decision.Kindly go thru it. The labour court must have decided on the complaint filed by you.

If the company does not ensure compliance,assets can be attatched.

Company can file appeal and the honourable court may ask company to deposit the amounts decided by the court.

Sajeev Menon (Legal Consultant Dubai 00971 508836442)     27 June 2011

Mr Suresh,

 

Please go through the court order in detail, which may be granted only your reinstatement with back wages but to get other monetary benefits wich due,you have to proceed with another petition based on the order which you have availed finding that the termination is illegal and arbitrary.

joseph rajan (sr. personnel manager)     27 June 2011

i joseph rajan with respect to my earlier message  dt  1st november 2010, wish to state that my previous employer safe and sure marine services pvt ltd as already cleared my part payment , same is for your kind reference and will be uptaing you about my balance wages in due course of time.        

thanking you,  

joseph rajan

suresh (Manager IT)     27 June 2011

Thanks for your support and nice reply.

I can update you from to time.

Our company as Limited firm fail to register with EPF also

suresh (Manager IT)     27 June 2011

Thanks lot Sanjeev.Really appreciated  for your suggestion.

On saturday  we filed separate petion  for claiming illegal deductions, Earn and some other  benifits that's due from the company.

we filed under section 51, any how time to time  I am in touch with   your Sir.

suresh (Manager IT)     27 June 2011

Thanks for your valuable suggestion in this message.

So that Executive Director is american  we  can ask for passport as attachment?

Deepak Vasudevan (Tech Architect)     27 June 2011

I think the specific direction should be from the court order. It is the organization that has to comply with it. If they don't you need to escalate back to the court again.

Kumar Doab (FIN)     27 June 2011

Dear Suresh,

Each case is unique in its own respect.

You have mentioned your designation as Manager and you have succeeded in labour court to get relief.

If you have no objection, then please post the court proceedings/decision in forum.You can erase the name of company etc. The details of the case may be useful and helpful for many who visit this forum.


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