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nagarajan R (cashier)     14 November 2016

Conviction after labour award

Labour court converted my dismissal into compulsory retirement during Feb 2010.my dismissal was from Oct 2001.during April 2010 I was convicted in criminal case from April 2010 n criminal revision is pending in high court. Can I get labour award benefits from Oct 2001 to Feb 2010.kindly send labour cases judgment s in this kind


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 5 Replies

adv.bharat @ PUNE (Lawyer)     14 November 2016

Yes you cant get it.

 

Kumar Doab (FIN)     14 November 2016

You have posted that:

 

"Labour court converted my dismissal into compulsory retirement during Feb 2010.my dismissal was from Oct 2001.during April 2010 I was convicted in criminal case from April 2010 n criminal revision is pending in high court. Can I get labour award benefits from Oct 2001 to Feb 2010."

 

 

The criminal complaint is after retirement.

Citations at the moment are not available.

 

Your own counsel can help you with citations.

nagarajan R (cashier)     14 November 2016

Both criminal n septal enquiry started during 1997.in criminal case I was convicted in labour case it was modified n published in govt gazette n stay order obtained by management.

Kumar Doab (FIN)     14 November 2016

In your earlier post you had mentioned; "I was convicted in criminal case from April 2010".

Approach your own counsel specializing in service matter with whole case file for considered opinion.

Contest to get acquitted in criminal case.

 

 

 

 

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     19 November 2016

You were dismissed in Oct. 2001.  The Labour amended the punishment as compulsory retirement from the date of dismissal, i.e., Oct. 2001.  That means you are entitled to retirement benefits till Oct. 2001 and if there is pension scheme available in the company, you are also entitled to that pension benefits.  But the management went to HC and got a stay.  Till, that stay is vacated, you are not entitled to any benefit.  Try to get that stay vacated, so that you get retirement benefits.  Your conviction in the criminal case and your challenge against conviction in revision petition do not have any bearing so far as labour court award is concerned.  What is stopping you to get compulsory retirement benefit is the stay order passed by the High Court.


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