Can Illegally Terminated Employees Claim Back Wages After Reinstatement?

Can it be applicable "No work no pay" to the employee to whom the employer has terminated illegally & reinstatement order has been given to the employer by the high court? Can we demand back wages from the termination date to the reinstatement to the court after doing the contempt of court by the employer?

Dinesh B. Hanchate
HoD of Comp. Engg.
Asst. Prof. Comp. Engineering
B-2/10, Vidyanagari, Baramati 413133
02112651031 (R)
02112239528 (O)
dinesh_b_hanchate@yahoo.com

Hi,

If the termination is illegal and a reinstatement notice has been obtained by the court, then you have to pay according to the court order. The court itself will provide a clause regarding the same in the order. Hope this is clear.

"No Work, No Pay" is applicable only if it is proven in court that the termination is legal.

Thanks,
Amit

Dear friends,

Can you give me a clear idea regarding my question? Mr. Amit, could you please provide me with your address or phone number, or any case related to my question.

Thank you,
Di Bha
02112651031

Hi,

To explain further what Amit has mentioned:

At the first place, the applicant has to make a prayer in the petition to the trial/higher court about treating the period between the date of termination and the date of reinstatement as "On duty." Hence, the same needs to be paid as on the regular rolls.

If there is no such prayer, the high court or any court on its own usually won't grant this relief (except a few disputes where it has been given).

Also, if in the order the court has mentioned clearly as "Reinstatement with back wages," then the employer is obligated to pay the back wages. Otherwise, it amounts to contempt. (The employer may prefer an appeal against the same in the supreme court, but that is a different scene).

If the order of the court just says reinstatement (without any reference to back wages), then your employer can apply the principle of no work, no pay. Then you may have to make another application for the claim of back wages before the court.

Kind regards,

Dayanand L Guddin

Advisor HR

BOBST INDIA

PUNE