Back wages for whole year will be given?
Querist :
Anonymous
(Querist) 25 June 2011
This query is : Resolved
Respected Expert Members,
I have the dilemma which can be sorted out by your expert opinion
I am Allied health Professional working in Govt Sector on adhoc basis since 1998 (around 12 years). I used to get adhoc extensions from time to time on the recommendations made by my Departmental Head.Due to some reasons, the Secretary of the organisation refused to extend my services beyond 30.06.2010 despite of endorsement 15.09.2010 made by my HOD to extend my services and I was relieved from services vide their order dated 30.11.2010
Thereafter, I filed the case against the order before CAT and the order is reserved. During the arguments the Hon'ble Bench disagree with the contention of the employer and has remarked that it has crated stigma on the employee as endorsement has already been made by Departmental Head and the order is reserved
Now my problem is that I have not been paid since June 2010 (almost 1 year) and facing financial problems.if the case If case has gone in my favor?
Since I received adhoc tenure for the period of 6 months. Whether, the employer will provide me the back wages till today if the CAT order has gone in my favor?
Guest
(Expert) 26 June 2011
Not automatically, unless requested in the petition and the CAT issues specific order to that effect. If CAT does not issue any order on back period pay, the employer cannot be made liable to pay for that period except after getting specific decision after filing another suit.
