LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

kumarjainn (govt service)     13 August 2011

Querry

sir

In service matter cases it is seet the courts re-instate/promote employees from back date spreading to 10, 15, 20 years and they are given arrears of  back wages for that period i.e. from the date they are pro moted/re-instated in service. But they do not get any interest on that arrear of back wages. The value of the money which the employees were eligible to get 15 years back is not being upgraded to the present value. They are given the same amount as admissible 15 years back. Is there any judgment or rule which says that interest to be paid or upgradation of salary is to be done. otherwise what is the remedy to get the arrear of salary in present value.



Learning

 2 Replies

Shastri J.K. (Practice in The High Court of Chhattisgarh)     15 August 2011

U can go befoe competent court for the same. for details u can contact on 9826684576.

jagadish paranjape (Advocate)     15 August 2011

THe querry is based on misconception.When reinstatement with back wages is granted, it means it should be

 

deemed that there was no termination.Therefore the back wages are not calculated on the basis of wages at the

 

time of termination,but they are calculated(they should be)as if the workman was in employment all along.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register