Dear Experts:
In one case, in 2017 the Authority concerned under shops & Establishment Act set asiding the dismissal of employee in 2014. However, the employee has attained the age of superannuation on the very next day of the order passed by the Authority concerned. In a writ petition over the order of the Authority Concerned, the High Court passed a simple order directing the employer to pay the terminal benefits after due deduction of dues if any payable by the employee. The Management again preferred writ appeal over the single judge order. Now the Management decides to settle the issue amicably before the outcome of the Writ Appeal pending in HC. Now my query is:
1. The single judge of the High Court has made specific direction to the Management to pay terminal benefits after deduction of dues if any. will it mean only the F & F settlement upto the date of dismissal or it mean by inclusive of back wages, Bonus etc.etc. with statutory liability for his non-employment period from the date of dismissal to attained the age of superannuation?
Request clarification from the experts. Thanks & regards, V Sridharan
In one case, in 2017 the Authority concerned under shops & Establishment Act set asiding the dismissal of employee in 2014. However, the employee has attained the age of superannuation on the very next day of the order passed by the Authority concerned. In a writ petition over the order of the Authority Concerned, the High Court passed a simple order directing the employer to pay the terminal benefits after due deduction of dues if any payable by the employee. The Management again preferred writ appeal over the single judge order. Now the Management decides to settle the issue amicably before the outcome of the Writ Appeal pending in HC. Now my query is:
1. The single judge of the High Court has made specific direction to the Management to pay terminal benefits after deduction of dues if any. will it mean only the F & F settlement upto the date of dismissal or it mean by inclusive of back wages, Bonus etc.etc. with statutory liability for his non-employment period from the date of dismissal to attained the age of superannuation?
Request clarification from the experts. Thanks & regards, V Sridharan