natraj.38
Dear all,

Could anyone please clarify that during the pendency of the case for Illegal dismissal in the court, the employee attains super annuation, what would be the consequences of this on the case in pendency. Both the letter of appointment or the internal rules of the employer are silent on super annuation.

Please advise,
Regds
Natraj.D

From India, Bangalore
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Saswatabanerjee
Partner - Risk Management
Srivastavacmlal
Master Consultant

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umakanthan53
5916

Dear Natraj,

Attainment of the predetermined age of superannuation by the employee during the normal course of his employment would result in the formal cessation of his contract of employment entitling him to the terminal benefits.
In the event of his termination at the instance of the employer for whatever reason other than dismissal on disciplinary ground anytime before superannuation will not have any stigmatic impact on his career or affect his terminal benefits.
On the contrary, if such unilateral termination by the employer including dismissal is contested by the employee in any Court of Law including any tribunal like that of Labor Court and is still pending at any stage viz., original or appeal, his attainment of the age of superannuation during the pendency of the lis would affect the final relief to be granted, if he happens to be successful. In other words, he would be entitled to compensation that would include back wages and all attendant benefits in lieu of reinstatement up to the actual age of superannuation. Otherwise, it's needless to explain.

From India, Salem
saswatabanerjee
2316

The only thing I will add : if your appointment letter does not say anything about superannuation, you need to follow the state’s Model Standing Orders
From India, Mumbai
srivastavacmlal
118

Dear Mr Nataraj D,

First of all I will say that your post is incomplete as it does not contain the requisite details as to whether you company is a factory under Factories Act 1948 or a company registered and Companies Act 2013 or a shop/commercial establishment. As such you are requested to always post your query with all relevant details so that you get an appropriate answer.

2. Now coming to your question about superannuation after the date of dismissal of the employee in the situation that there are no rules either in the company or in the appointment letter given to the employee. In such a case it has been already decided by the Hon'bel Supreme Court of India that the retirement age shall be 58 years (Judgment of Hindustan Times v. Workmen 1964).

3. Since the employee has been already dismissed before the sate of retirement (whether wrong or right) then the age of superannuation loses its significance though the matter may be in court. However further course of action of will depend upon the judgment of the Court.

Chandramani Lal Srivastava
Master Consultant - Service matters, IR, Contract Management & Tenders

9315516083
New Delhi/11.07.2022/10:13 pm

From India, New Delhi

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