Hemal_HR
Dear All,

Seeking suggestion with supporting on the following query.

1. A Contract workman had stopped attending duty without intimation. Required notices were issued.
2. After a long time he filed a case in the court for the reinstatement with back wages.
3. Court has awarded to pay 20% wages from his last working day till the date of award without reinstatement on duty.
4. Court has not awarded any clarification for the payment of Gratuity , Leave Encashment etc . But he is asking the Gratuity & leave encashment Payment.

Here is the query,
1. Will he eligible for Gratuity & Leave Encashment?
If Yes,
Which period should be consider for the Gratuity & leave encashment Calculation?
Option -1 : From DOJ till DOL
Option -2 : From DOJ till the date of awarded received from the court

In my opinion, He is eligible for both & Option-1 should be considered for both Gratuity & Leave encashment based on his last drawn wages (wages at the time of DOL) considering the continuous and uninterrupted services from DOJ till last working day.

From India, Vadodara
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Nanu1953
Ceo-usd Hr Solutions
Pvenu1953@gmail.com
Retired Government Servant/advocate
KK!HR
Management Consultancy
+1 Other

nanu1953
297

The contractual workman will be eligible for gratuity if he has continuous service as per payment of gratuity act for the years he has worked for the organization.

He will also be eligible for leave pay if there is any leave due in his credit.

As opined by Hemal_HR is absolutely right.

S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531

USD HR Solutions – To Strive towards excellence with effort and integrity

From India, New Delhi
KK!HR
1401

The operative portion of the order has to be seen to understand the legal implications.
From the narration, option 1 appears legal and proper as the 20% back wages is to be seen as compensation and since there is no reinstatement.

From India, Mumbai
pasupathi.uma25@gmail.com
5

There are some basic facts which are not available for arriving at some ideas. A) It was stated "Required Notices were issued" What happened then? Did he reply or the Notices were returned undelivered? B) What was the action initiated in either case? B) Was he Terminated without Conducting Domestic Enquiry? C) How did he suddenly approached the Court? D) Did you receive Notice and did you appear? E) What was stated by you in the Court?......
From India, Chennai
pvenu1953@gmail.com
115

It appears that some material facts are missing as to "required notices were issued." It appears the employee's service was terminated without following the due process. How could there be a judicial order for reinstatement in case there was no termination?
From India, Kochi

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