Please find response to your question as below :
1) Reinstatement depends on the arguments and reason for termination. Till the time reason for termination is not cleared cannot be answered.
2) An employee will not be entitled to back wages on his reinstatement when he has neither pleaded nor proved his non - employment. (Labour court judgement : Kendriya vidyalaya sangathan vs S C Sharma, 2005 LLR 275(SC)). As you have mentioned he was working with in this duration thus, he is not entitled for the same.
3) For answering need to know the reason of termination.
24th August 2017
Thanks for your reply. For further clarification of query, reason for termination is given below;
-Refusal to do assigned work by Supervisor, Misbehave with his supervisor and warning to Supervisor for slapping. After counseled by management, refuse to feel sorry for the same.
If worker has pleaded, but company has proved that worker was employed for one month after his termination. Is he eligible for reinstatement ?
25th August 2017 From India, Delhi
1. The worker is entitled to reinstatement prima fecie. He was illegally terminated
2. His one employment is no harm to him and no help to you.
3. He can continue to earn as he has to feed his family and survive himself.
4. Even if he had continued to be employed he still has a right to ask for reinstatement.
5. Had he continued to be employed, you could have saved on back wages only.
27th August 2017 From India, Thane