We have dismissed one of our employees for instigating other employees to start a strike after completing an inquiry. Following the dismissal order, the employee raised an industrial dispute in the labor court. The labor court has issued an award setting aside the dismissal order dated 07.05.2001. The respondents are directed to reinstate the claimant with continuity of service and all other consequential benefits. However, the claimant is not entitled to any back wages. We reinstated him in the year 2008 after the final disposal of the WP in the High Court.
Current Claims and Clarifications Needed
Currently, the employee is claiming bonuses, leave salary, increments, PF, and encashment of casual, privilege, and sick leave from 2001 to 2008. We seek clarification on whether he is entitled to these benefits. Additionally, please provide an explanation of consequential benefits.
Regards,
A. M. Ashtagi
Dy. Manager (P)
From India, Bijapur
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Current Claims and Clarifications Needed
Currently, the employee is claiming bonuses, leave salary, increments, PF, and encashment of casual, privilege, and sick leave from 2001 to 2008. We seek clarification on whether he is entitled to these benefits. Additionally, please provide an explanation of consequential benefits.
Regards,
A. M. Ashtagi
Dy. Manager (P)
From India, Bijapur
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I think he is eligible for the said compensation (bonus, PF, leave salary, etc.) for the said period because:
1. Though you dismissed him, the labor court asked you to revoke the dismissal and reemploy him.
2. The labor court advised you not to back the wages, which means he is to start afresh as if he joined back on the new date.
Since he has worked from 2001 to 2008 (more than 5 years), he is also entitled to gratuity. However, I would appreciate it if seniors can endorse their views on this.
From India, Mumbai
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3791. Though you dismissed him, the labor court asked you to revoke the dismissal and reemploy him.
2. The labor court advised you not to back the wages, which means he is to start afresh as if he joined back on the new date.
Since he has worked from 2001 to 2008 (more than 5 years), he is also entitled to gratuity. However, I would appreciate it if seniors can endorse their views on this.
From India, Mumbai
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Employee Benefits.doc