Regarding continuity of service & consequential benefits

Querist : Anonymous (Querist) 06 September 2021 This query is : Resolved
Sir, I have been wrongfully terminated by the management and re-instated into the service by the H'ble high court & H'ble Supreme court. As per judgement it has mentioned back wages ,Continuity of Service & consequential benefits. But our management is still not yet considering my promotions and consequential benefits.
Can your please suggest me that whether the promotion with be consider from the date of joining or from the date of re-instatement. Our management is considering the termination period as a absent..
Kindly suggest

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kavksatyanarayana (Expert) 06 September 2021
Consult your own counsel who is already engaged. I think you have to file a contempt petition if the old case is in your favour. so consult your own counsel who knows the facts very well.

K Rajasekharan (Expert) 06 September 2021
If what is stated in your query is correct you are deemed to be in service since the date of your joining service. The management cannot treat the intervening period as absence.

You have to file a contempt petition in consultation with your advocate and get your service regularised as per the judgement.

T. Kalaiselvan, Advocate (Expert) 07 September 2021
If the employer is not obeying the court order and takes a decision on its own interpretation of the judgment, then you may have an option either to file a contempt of court petition or an execution petition to execute the orders of the supreme court.
You may discuss with the supreme court advocate who brought you this final judgment in your favor about further course of action because it is a contempt of supreme court order.

Sudhir Kumar, Advocate (Expert) 22 November 2021
You have not even stated who the employer is.

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