Reinstatement & supperannuation
Querist :
Anonymous
(Querist) 01 October 2011
This query is : Resolved
Dear sir,
I would like to know what will be the position in the service matter : reinstatement (& damages alternatively) was prayered but the case is prolonged beyond date of retirement ?
Guest
(Expert) 01 October 2011
Are you referring to the court case or the domestic/departmental inquiry where you feel the case is being prolonged beyond the date of retirement?
Also what type of damages you are pointing out?
Please be clear in your query with proper background.
Advocate. Arunagiri
(Expert) 01 October 2011
Even if you succeed in the case, you can not get reinstatement, because you got retired. But, you can get all the other benefits.
If there is any unlawful termination, you can get damages.
Querist :
Anonymous
(Querist) 01 October 2011
Dear Sir,
Thanks for quick responce.I would like to submitte more details as under : This is the case case of an employee who has been illegaly terminated after holding aledgely guilty in domestic enquiry. The termination is challenged in court of law , prayred for reinstatement or alternatively dameges against loss of service . Management played delayed tactise & matter is prolonged beyond date of retiment. I hope now all is explained & I hope for guided more.
Out of Court
(Expert) 01 October 2011
though ur querry also pertains to supperannuation so just answer the case status whether it has been decided or subjudice ..tell me the retirement date if u had not been terminated illegally prior to the prescribed term of service...recaling other experts view herinabove, normaly therd is no chance to reinstate once u hv exceed th retirment age but u r very much entitled for back wages inter alia consequential benefits since the month of termination to ur prescribed age of retirment...
K.S.Srinivas
(Expert) 02 October 2011
1. The employee can not be reinstated into service as he attained the age of superannuation and retired subsequently.
2. If the termination is upheld by the court, then the employee will not any benefits to the left over service from the date of termination.
3. If the termination order is quashed by the court, then the employee is eligible to get benefits for the left over service.
Guest
(Expert) 02 October 2011
Even your present clarification creates confusion when you have made a mention of superannuation in the title of your question. Superannuation is the final cessation from service after the fixed due date of retirement. Superannuation has no relation with termination.
However, as in view of your present query, if you win the case against the management even after due date of superannuation, you would be entitled to get the service benefits from the date of termination by getting yourself reinstated and superannuated on record, provided you specifically include your request in the plaint for the court also to decide on the issue if the judgment is extended by any reason beyond the date of superannuation.
