Reinstament and consequential benefits
umapathi.s
(Querist) 29 March 2012
This query is : Resolved
In a case, the High Court ordered for reinstatement of an officer of bank without back wages quashing the termination order on account of unauthorized absence.However it ordered that the employee is entitled to continuity of service and other consequential benefits.now the question arises "What is consequential benefits without back wages ? does it include, promotions,seniority, other allowances?. is there any meaning of term consequential benefits by the supreme court. please provide your feedback.
regards
Raj Kumar Makkad
(Expert) 29 March 2012
It implies that the employee shall be entitled to count the lapse period in seniority, gratuity, promotion, leave encashment, other allowances etc. The lapse period shall be included in the length of service as if the employee had continuously served the department/bank but the back wages for the lapse period have not been provided.
Guest
(Expert) 29 March 2012
To supplement reply of Shri Makkad, except the wages (including allowances, if any) for the period between the dates of your termination and judgment, all other service/ retirement benefits would be permissible to you from the date of judgment. However, increments, if any due during termination period, would notionally be added from due dates, but would be effective from the date of reinstatement in service.
While seniority would remain the same, promotion, if any due, though notionally be made from the due date, but would be treated as effective on the date of reinstatement in service with due adjustment of inter-se seniority as per the original seniority, provided the promotion is merely on seniority basis. But, if the promotion is on the seniority-cum-merit basis, the promotion would depend only upon good record of service, as adjudged through annual confidential records or annual apparaisal system basis, as the case may be.
Ajay Bansal
(Expert) 29 March 2012
As advised by Mr. Makkad.
Binod Kumar Mishra
(Expert) 29 March 2012
Dhingra Sir has replied splendid to this question and i don't think further anything needed to be added.
umapathi.s
(Querist) 29 March 2012
Excellent reply from shri. Makkad and shri. Dhingra. Thanks for the same. I think that promotion to the employee would be given since no ACR was prepared. the employee was out of service for six years pending litigation in the High Court.His next promotion was due within four years when the order of termination was passed by the Bank. Is he now eligible for promotion on his reinstatement ? please advise. regards.
Guest
(Expert) 29 March 2012
Dear Umapathy,
Please don't be in dark, promotions are not made without consulting ACRs, normally for 5 years. if ACRs of any period are missing, the past ACR's of equivalent period are taken for consideration for the purpose of promotion.
RAJU O.F.,
(Expert) 30 March 2012
In my opinion, the bank will count your served years of service ( not the period of absence) for your increment, promotion, etc., if the Court Order did not specifically clarify the same. Please also bear in mind that, it is discretion of the bank whether to promote or not, an officer, who absented unauthorisedly. Banks expect their officers to be responsible.
