Can it be applicable " No work no pay" to the employee to whom the employer has ternminated illegally & reinstatement order has been given to the employer by high court?
can we demand back wages from termination date to the reinstatement to the court after doing the contmpt of court by the employer?
Dinesh B. Hanchate
HoD of Comp. Engg.
Asstt. Prof. Comp. Engineering
B-2/10, vidyanagari, Baramati 413133
02112651031 (r)
02112239528(o)
From India, Pune
can we demand back wages from termination date to the reinstatement to the court after doing the contmpt of court by the employer?
Dinesh B. Hanchate
HoD of Comp. Engg.
Asstt. Prof. Comp. Engineering
B-2/10, vidyanagari, Baramati 413133
02112651031 (r)
02112239528(o)
From India, Pune
Hi,
If the termination is illegal and reinstatement notice has obtained by the court then you have to pay according to the order.
Court itself will give clause regarding the same in the order.
Hope it is clear.
'No Work No Pay' is applicable only it is proved in the court that the termination is legal.
Thanks,
Amit
From India, Mumbai
7If the termination is illegal and reinstatement notice has obtained by the court then you have to pay according to the order.
Court itself will give clause regarding the same in the order.
Hope it is clear.
'No Work No Pay' is applicable only it is proved in the court that the termination is legal.
Thanks,
Amit
From India, Mumbai
Dear friends Can U give me the clear idea regarding my question? Mr.Amit can U give me your address or phone number or any case related to my question. di bha 02112651031
From India, Pune
From India, Pune
Hi,
To explain further what Amit has mentioned.
At the first place the applicant has to make a prayer in the petition to the trial / higher court about treating the period between the date of termination and the date of reinstatement as " On duty". Hence the same need to paid as on regular rolls.
If there is no such prayer high court or any court on its own usually won't grant this relief ( exept a few disputes where it has been given).
Also if in the order the court has mentioned clearly as " Reinstatement with back wages" then employer is obligated to pay the back wages. Otherwise it amounts to the contempt. (The employer may prefer an appeal against the same in the supreme court but that is a different scene).
If the order of the court just says reinstatement ( without any reference to back wages) then your employer can apply the principle of no work no pay. Then you may have to make another application for claim of bac wages before the court.
Kind regards
Dayanand L Guddin
Advisor HR
BOBST INDIA
PUNE
From Singapore, Singapore
To explain further what Amit has mentioned.
At the first place the applicant has to make a prayer in the petition to the trial / higher court about treating the period between the date of termination and the date of reinstatement as " On duty". Hence the same need to paid as on regular rolls.
If there is no such prayer high court or any court on its own usually won't grant this relief ( exept a few disputes where it has been given).
Also if in the order the court has mentioned clearly as " Reinstatement with back wages" then employer is obligated to pay the back wages. Otherwise it amounts to the contempt. (The employer may prefer an appeal against the same in the supreme court but that is a different scene).
If the order of the court just says reinstatement ( without any reference to back wages) then your employer can apply the principle of no work no pay. Then you may have to make another application for claim of bac wages before the court.
Kind regards
Dayanand L Guddin
Advisor HR
BOBST INDIA
PUNE
From Singapore, Singapore
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