PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law & Hr Consultant
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You could have given the extract of the operative portion of the order of the Appellate Authority under the S&E Act. Any how, in as much as the order having set aside the dismissal and the hon'ble single Judge of the HC having directed the employer to pay the terminal benefits, the employee has to be impliedly reinstated into service with back wages, continuity of service and all attendant benefits from the date of dismissal in 2014. Since he attained the age of superannuation on the very next day of the order, he shall be deemed to have been retired and the salary dues from the date of dismissal including annual increments if any, annual bonus etc have to be paid to him as arrears. Certainly these items also form part of the usual terminal benefits such as gratuity, cash value of leave at credit etc.
You can effect a settlement u/s 18(1) of the ID Act, 1947 with the employee concerned for the sake of caution and withdraw the Writ Appeal.
From India, Salem
sridharan venkataramanThank you very much Sri Umakanthan Sir for your valuable views. It is our regular practice to enter into settlement u/s 18(1) of the ID Act disputed matters, if any comes for settlement. Likewise this would also be done. Regards, V Sridhar
From India, Mumbai