Writ petition against employer for reinstatement.
malipeddi jaggarao
(Querist) 19 February 2014
This query is : Resolved
I have filed a writ petition challenging Compulsory Retirement from Service in the year 2010. As I do not have means of livelihood, I took up a job as outsourcing employee of another organisation on a consolidated monthly pay in the year 2013. This is not in the court record.
If the Court negates the Bank's decision and award reinstatement with back wages, what about the consolidated wages I received from the year 2013. Can the Bank take any plea in its arguments that I am re-employed? What will be the effect of this re-employment?
Advocate. Arunagiri
(Expert) 19 February 2014
Whether you have disclosed this fact during the court proceedings. What is the observation of the court on this point.
Devajyoti Barman
(Expert) 19 February 2014
Let the order be passed first. making disclosure at the very beginning may pose problem.
You can always ask for adjustment with the Bank itself while reinstated and getting back wages.
Rajendra K Goyal
(Expert) 19 February 2014
Let the order come. Agree with the expert Devajyoti Barman ji.
T. Kalaiselvan, Advocate
(Expert) 19 February 2014
Yes, as rightly opined by experts, let the court pass an order to this effect, after seeing the orders, you may decide about the next course of action. The outsourcing job is not a permanent job, so I dont think it will make any difference because you were just utilising the idle time during the period interim that too well after three years of your retirement in order to meet your daily expenses for basic needs.
malipeddi jaggarao
(Querist) 20 February 2014
Thanks to all experts. My thinking is also same. However, I also request Shri Dhingra and Shri Rajkumar Makkad to respond to this query.
