Offer of employment during pendency of a case

skg (Querist) 02 March 2012 This query is : Resolved
In a case of illegal termination of a workman
evidences was submitted by the workman.

After seeing the evidences of workman the management in court surprisingly offered him fresh employment to a distant

location but without new appointment letter by saying that

1) he can not be offered the job at his existing place since the department in which he was working has been shifted.
2) offer of employment is on the same terms and condition of his earlier appointment and hence there is no need to issue new

appointment letter
3) Without prejudice , from date of termination to date of offer of employment they will fight the case.
4) Since he has been offered the job his reinstatement case ceases now.

The workman in his claim has disputed that on his f/f at the time of termination
he was denied some of his long term benefits as declared in his appointment letter and he has also submitted evidences in

this regard.

My queries to experts is now as follows

1) Whether during pendency of an Industrial dispute, instead of allowing the workman to resume service by way of transfer

as written in his original appointment letter's conditions, the management has willfully altered his service condition by

providing him fresh offer of employment ignoring Section 33(1)(a) or 33(2)(a)?

2) whether by not taking permission from court for such offer, management wants to transfer the case at the jurisdiction of

distant location.

3) If the claimed payments (not received on f/f of workman) written in terms and condition of his appointment letter are itself

matter of dispute then what will be the stand of courts since management in a disguised way is forcing the workman to accept

those terms and condition which they flouted earlier by not paying those amount on his f/f and for which workman is also

fighting the present case

4) If the case will pursue at the original place, whether court can be requested to issue instruction to management that the

workman accepting the offer be allowed to come regulary from his distant location and the management has to provide him

paid leaves and cost of attending each hearing of the pending case of the disputed period i.e. from date of termination to date

of offer of employment.

Follow Query

Report Abuse

Raj Kumar Makkad (Expert) 02 March 2012
1. This is not legal.

2. The management wants to 'destroy' the case of the workman and is luring him by hoock or croock keeping view the strong evidence against it.

3. It depends upon workman to accept the offer or not. If he accepts then the interpretation of the management shall be regarded as true.

4. It can be done.

prabhakar singh (Expert) 04 March 2012
Agree with Mr.Makkad

Guest (Expert) 04 March 2012
It is a trick of the management just to get rid of the present case, weaken the case of the workman, to sideline him for the time being and also to enable itself to take a revenge later while in employer's service.

K.S.Srinivas (Expert) 05 March 2012
I agree with the expert P.S.Dhingra.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries