An employee was working in the state PSU and after putting 3 years service he was terminated by the management as he had not having the qualification as per the post for which he was recruited and the mistake arised due to clarification by concern authority. After 6 month by interim order of Hon'ble HC he was reinstated . after 5 years the Hon'ble HC passed its judgement in favour of management and validate the dismissal order.
This order came into knowledge of management after 10 years. Management again issue the letter for termination from the back date. An appeal made by the employee before Hon'ble SC who upheld the decision of HC and also directed the management for 10 lakh compensation. Now whether he is eligible for payment of gratuity when his dismissal order has been found legal by court and at the same time he served more than 20 years in PSU.
This order came into knowledge of management after 10 years. Management again issue the letter for termination from the back date. An appeal made by the employee before Hon'ble SC who upheld the decision of HC and also directed the management for 10 lakh compensation. Now whether he is eligible for payment of gratuity when his dismissal order has been found legal by court and at the same time he served more than 20 years in PSU.