In the result the I'd is allowed in part. the dismissal order passed by the respondent date 24.04.2015 is set aside. The respondent is directed to reinstate the petitioner in to service with continuity of service. Petitioner is not entitled for back wages and all other attendant benefits on the principal of no work no pay - respondent further directed to defer annual increment for a one year with cumulative effect. Please help me I cannot understand.
From India, Hyderabad
From India, Hyderabad
In the result the I'd is allowed in part. the dismissal order passed by the respondent date 24.04.2015 is set aside.the respondent is directed to reinstate the petitioner in to service with continuity of service. petitioner is not entitled for back wages and all other attendant benifits on the principal of no work no pay respondent further directed to defer annual increment for a one year with cumulative effect
Accordingly the award is passed on 06.03.2023
Please help me I not understand
From India, Hyderabad
Accordingly the award is passed on 06.03.2023
Please help me I not understand
From India, Hyderabad
Hi
You had challenged the termination order of your employer and the competent Authority had passed on verdict partially in favour of you. The verdict directed your employer to accommodate you again in employment with continuity of employment option without any arrear of wages to be paid.
From India, Madras
919You had challenged the termination order of your employer and the competent Authority had passed on verdict partially in favour of you. The verdict directed your employer to accommodate you again in employment with continuity of employment option without any arrear of wages to be paid.
From India, Madras
Dear Mr. Narasimhulu,
Based on the provided details, the understanding is as follows:
An employee has been terminated by the company, and subsequently, the terminated employee filed a petition challenging the dismissal order in court. The court has now issued an award, which includes the following:
1. The court has overturned or cancelled (set aside) the dismissal order issued by the management on April 24, 2015.
2. The management has been directed or ordered to reinstate the employee to their previous job or service.
3. The reinstatement should include continuity of service, meaning the employee's previous service period should be recognized without interruption.
4. The employee is not entitled to receive back wages or any other attendant benefits. This decision is based on the principle of "no work, no pay," as the employee did not work during the period of dismissal and is therefore not eligible for payment for that period.
5. The management has also been directed or ordered to defer the employee's annual increment (salary increase) for one year, and this deferral has a cumulative effect which means that the employee will lose one increment permanently and this loss will have a lasting impact on his overall salary progression.
[My assumption: The Court, while agreeing to impose a punishment on an employee involved in misconduct, disagreed with the decision of dismissal, considering it as harsh and disproportionate to the misconduct. Consequently, the Court ordered a lesser punishment than the dismissal, which is the deferral of the increment with a cumulative effect]
6. As a result of the aforementioned directions or orders, an award was issued on March 6, 2023, likely concluding the legal proceedings.
From India, Bangalore
Based on the provided details, the understanding is as follows:
An employee has been terminated by the company, and subsequently, the terminated employee filed a petition challenging the dismissal order in court. The court has now issued an award, which includes the following:
1. The court has overturned or cancelled (set aside) the dismissal order issued by the management on April 24, 2015.
2. The management has been directed or ordered to reinstate the employee to their previous job or service.
3. The reinstatement should include continuity of service, meaning the employee's previous service period should be recognized without interruption.
4. The employee is not entitled to receive back wages or any other attendant benefits. This decision is based on the principle of "no work, no pay," as the employee did not work during the period of dismissal and is therefore not eligible for payment for that period.
5. The management has also been directed or ordered to defer the employee's annual increment (salary increase) for one year, and this deferral has a cumulative effect which means that the employee will lose one increment permanently and this loss will have a lasting impact on his overall salary progression.
[My assumption: The Court, while agreeing to impose a punishment on an employee involved in misconduct, disagreed with the decision of dismissal, considering it as harsh and disproportionate to the misconduct. Consequently, the Court ordered a lesser punishment than the dismissal, which is the deferral of the increment with a cumulative effect]
6. As a result of the aforementioned directions or orders, an award was issued on March 6, 2023, likely concluding the legal proceedings.
From India, Bangalore
SV Narasimhulu2
In the result the I'd is allowed in part. the dismissal order passed by the respondent date 24.04.2015 is set aside.the respondent is directed to reinstate the petitioner in to service with continuity of service. petitioner is not entitled for back wages and all other attendant benifits on the principal of no work no pay respondent further directed to defer annual increment for a one year with cumulative effect
Accordingly the award is passed on 06.03.2023
My question is.
2015 to 2023 increments eligible or not because one year cumulative effect order given
Please help me I not understand
From India, Hyderabad
In the result the I'd is allowed in part. the dismissal order passed by the respondent date 24.04.2015 is set aside.the respondent is directed to reinstate the petitioner in to service with continuity of service. petitioner is not entitled for back wages and all other attendant benifits on the principal of no work no pay respondent further directed to defer annual increment for a one year with cumulative effect
Accordingly the award is passed on 06.03.2023
My question is.
2015 to 2023 increments eligible or not because one year cumulative effect order given
Please help me I not understand
From India, Hyderabad
To clarify to your later query, you are not entitled to any increment from 2015 to 2023 as the order is to the effect that you will have continuity of service, but not entitled to back wages and all other attendant benefits on the principle of no work no pay. Since there is a further direction to defer annual increment for one year with the cumulative effect, you will not earn any increment for a period of one year, that means for a period of one year service after you had drawn last increment, you are not entitled to any increment, that means you will not get any increment for two years continuously. Markedly, count the period before the termination too in arriving at the increment withheld period
From India, Mumbai
From India, Mumbai
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