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.
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.