Unique legal threat - employee wants to include whopping arrears (calculated at minimum 8% p.a for each of the last 5 years)

This is the reason why workers lynch personnel and HR managers . They are not fit to be HR professionals, the HR professional should have the courage to side with truth and justice rather than be a tool in the hands of the management. It take lot of courage to call a spade a spade and more to be a professional HR manager.
Dr Mohsin Shaikh
9604012473

Dear PLB
You have mentioned that the person is upright like CAG ad it is going to affect the revenue stream of others. Does it mean others are indulging in some illegal/immoral gain from your Company? And this men, being upright, loyal and hard working would expose them. The management should rather keep his employed with back increments and some appreciation letter. Even if he is not required now, he should be given his dues and helped at this stage of his career to find some placement.
Please be upright yourself and discuss with your bosses.
Ravi Thakur

Dear Ms Premlata,
Just a point besides this case. Indian courts have a huge backlog of cases not just because there is a shortage of courts,judges, infrastructure etc but we collectively add to this by creating a legal case where there is none. This is a classic case in that regard. You are pushing an employee to go to court (even when he is not very keen...or so i gather).
As an HR, you can take all the concerned in loop (happy and not-so-happy members), working at different levels, creating conducive environment for happy parting by this employee. At the age of 57 he is not going to get similar job. Please treat him as a human being with family, friends and other liabilities and give him all his dues.
Many a times HR guy/girl has to do unpleasant job of putting mirror to management even at the peril of their own appraisal but as they say....."Ships in harbour are safer that those at sea but that is not what they are meant for"
Best of luck,
Col S S Raikar (Retd)

dear members;
well i want important labour judgment in 2012 of various courts pl help me to get it
by s elango member

Dear Premlata

Thanks for putting the facts and your dilemma. It is gratifying to know that you are able to see the situation objectively, without taking the side of the unethical management of your company.

I also fully agree with others on this and the line of action suggested.

As you can see yourself, that the person is being victimized because he is upright and fair.

He is able to take every obstacle and humiliation in his stride, unflinchingly.

He has done his job and achieved his tasks and targets.

He was overlooked, deliberately, in case of increments for past five years.

It is so ironic and evil, that the management instead of rewarding and appreciating such an employee; is bent upon discarding him ruthlessly since he has delivered what was expected of him.

From his experience and ability, it is evident that he can go to Civil court (not being a workman) and present hiss case forcefully alongwith evidence and witnesses.

There is a good probability that he may win, which will be very costly and embarrassing for the management.

As such, it is better if the management pays him his rightful dues. As an HR it is your moral responsibility to see that this is done.

Warm regards.

Dear Fellow HR colleague....
Your Mr. X is not asking for any thing in excess, however all that is justified should be given, Mr. X an old man is being humiliated, this is very sad, may be the company owners are not educated enough and have got the business standing thru wrong means.
Remember even you will reach his age, and if the same happens to you then what, provide corrective measures to your bosses and owners.... or leave this nonsense company.... get ur self movin somewhere else.... dont screw ur potentials in wrong causes.... dont be a part of it...
there are various legal aspects this man Mr. X is protected.... if he takes that route.... no one cane do any thing... not even ur bosses...

Dear Friend,
The question is whether he can be terminated ?. YES , .
If he is asking for benefit extended to all other employees of Faridabad then he is RIGHT. Either you pay now or on the order of courts depends upon you.Otherwise, you can ask him to leave with termination benefits, rightfully his , as per company's rule.
If he is the only upright officer and all others are not , HR should motivate him to leave as soon as possible.He can get better job and respect in many other companies in India. Upright officers are very much in demand and his continuation on humiliating terms, will demoralise ones trying to emulate him.
HR should motivate him to leave the company of crooks and HRs themselves use first opportunity to leave such companies.
The essence is separation of two , either you terminate him for his own benefits or he leave the company for his own benefit.

One point of difference here :
The other employees of Faridabad unit have been given their termination benefit, but no one else asked for or got 5 years increment on termination. That is the difference. He did not get his increment for 5 years. He is asking for it to be given now.
Legally there is no grounds for him to claim that.
As a moral ground and leverages, etc, it is different.
But unfortunately, i dont think he has a legal ground for it.

Dear All,
Members have given very mature answers.
It is a shame that a person has been treated like this.
Hope those who are responsible also get taste of their own medicine.
Regards,
Suresh Rathi

hi seniors
if any recent apex court judgment regarding not necessary for approval petition u/s 33 2 b of id act 1947 at the time of dissmisal of employee please clarify
by
elango