Back wages ................
Querist :
Anonymous
(Querist) 15 November 2011
This query is : Resolved
Dear Experts,
If the Labour Court / Industrial Tribunal awards " Reinstatement along with Back wages " but if at the time of decision the employee age has crossed superanuuation then
Is is precondition of Beck wages to reinstate person then only the employee would entitle the Back wages?
Does it mean the person who is awared with Reinstatment with back wages & who has attained the age of superannuation would not be eligible to get Back wages?
H. S. Thukral
(Expert) 16 November 2011
Reinstatement would mean that the employee was never terminated and accordingly back wages shall be calculated.
Guest
(Expert) 16 November 2011
Irrespective of superannuation date, reinstatement with back wages would entitle the worker to be reinstated to the same position from the same date of termination with all wages till the date of superannuation, if superannuation happens even before the date of award.
Rajeev Kumar
(Expert) 16 November 2011
Yes,i do agree with experts
prabhakar singh
(Expert) 16 November 2011
There appears no need of any extra word of
explanation to the lucidly explained reply of
Mr.Harbhjan Singh Thukral as the word simply
means "To restore to a previous condition or
position".Then there can be no other story.
Kirti Kar Tripathi
(Expert) 16 November 2011
I do not agree with above experts. Age of supersaturation is the part of contract of service, which is entered between the employee and employers at the time of engagement or during the tenure of employment. When services of an employee is terminated it means contract of service was terminated. when the termination is set aside, the said contract itself revives and the employee concerned is entitled for the benefits, which are available to him under his contract of service. The Judgment of any Court can not override his contract. Thus in case, the employee is reinstated with back wages, is retired during the pendency of case is entitled for back wages only up-to the date of his superannuation not thereafter.
H. S. Thukral
(Expert) 17 November 2011
Mr. Tripathi
The query is that an employee who has been awarded reinstatement with back wages and who has attained retirement age would be eligible for back wages. The answer is yes and it is natural that his entitlement would be up to superannuation. I did not say that he will not retire and shall get wages without an end. Mr. Prabhakar wisely interpreted that reinstatement means restoring to previous condition when the action was taken.
Guest
(Expert) 17 November 2011
@Harbhajan Singh Thukral,
In fact Shri Kriti Kar Tripathi seems to have some misunderstanding about age of superannuation. Probably he considers superannuation as a part of employment contract of employer with individual employees with age of retirement differing on individual to individual employee basis in the company. He is probably not aware that superannuation is a preset fixed age of final retirement from service, may that be the age of 55, 58, 60 or 65 years, as fixed by the company for all of his employees enblock, not for individual employees.
He seemed to have overlooked the crux of the main question of the author, which seeks answer on two specific points, "(1) Is is precondition of Beck wages to reinstate person then only the employee would entitle the Back wages? and (2) Does it mean the person who is awarded with Reinstatment with back wages & who has attained the age of superannuation would not be eligible to get Back wages?"
