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sunil_0012
5

Hi hr seniors
can someone help me...
Tell me if a worker suit a case against employer in labour court and the case run for 2 years . What amount or compensation will be given by an employer .
Is he pay half basic for whole period(from termination day to last case date) or anything?

From India, Delhi
malikjs
167

dear
first you have not given the complete details of his termination .how he was terminated.what case he has filed.what is his demand.
now case is pending in court and court will only decides compensation.
regards
js malik

From India, Delhi
sunil_0012
5

Respected Sir,
he was terminated due to employer's Ego. There has no warning no notice issued to him
he has suited illegally termination case in labor court. His demand is to reappoint him and give him 2 year compensation
I want to know only compensation amount or method

From India, Delhi
S D Patil
30

Dear Sunil
Any termination of workman's services without conducting the proper enquiry procedure ( Disciplinary action ) as laid down in Standing orders, will be retrenchment under I D Act 1947 & in case of Retrenchment if compensation @ 15 days wages for per completed year of service or part thereof & Notice pay, is not paid, then the termination will be illegal & re-instatement with back wages ( back wages if he remains unemployed) will be the consequence.
As regards compensation amount- Compensation is specified as 15 days wages for per completed year of service. Here in your case you will have to discuss & decide the amount with the concern workman for amicable settlement of the issue.SDP

From India, Kolhapur
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