Service matter

Guest (Querist) 02 October 2016 This query is : Resolved
The workman is ordered to be reinstated into the service of the respondent w.e.f. the date of demand notice with continuity of service and 50% of back wages. This is award of Hon'able Labour court
My question is that workman eligible for back annual increment, Earned Leave, and other benefits. If yes and employer not giving these benefits, then we can do.

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Sudhir Kumar, Advocate (Expert) 02 October 2016
depends upon wording or the order.

Kuummaar AS (Expert) 02 October 2016
Yes, 50% back wages and earned leave and other benefits should be be calculated as if the workman were in service but of course award/order has to be seen carefully. But normally, employers do challenge such awards/orders.

Rajendra K Goyal (Expert) 02 October 2016
Full language of the orders need to be referred, discuss with your lawyer.

kavksatyanarayana (Expert) 02 October 2016
Reinstatement order shall be verified and your other orders in this scenario also be verified. consult a local lawyer who is dealing with service matters.

Raj Kumar Makkad (Expert) 02 October 2016
Continuity of service itself is a sufficient word to claim all such consequential benefits including the annual increments and so on which is already mentioned by author so yes is the sole answer to your query.

Isaac Gabriel (Expert) 02 October 2016
All attendent benefits subject to the condition of 50% emoluments from date of termination to rejoining.

Ms.Usha Kapoor (Expert) 03 October 2016
Agree with experts.

Guest (Expert) 03 October 2016
In what way you are concerned with the workman and his wages?

Rajendra K Goyal (Expert) 05 October 2016
The question from expert P.S. Dhingra ji not answered by the author.

Guest (Expert) 05 October 2016
Rajendra ji,

A querist with an academic query normally don't have any answer.

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