Dear All,
Seeking suggestions with support 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 court for reinstatement with back wages.
3. The court has awarded payment of 20% wages from his last working day until the date of the award without reinstatement on duty.
4. The court has not provided any clarification regarding the payment of Gratuity, Leave Encashment, etc. However, he is requesting payment for Gratuity and leave encashment.
Here is the query:
1. Will he be eligible for Gratuity and Leave Encashment?
If Yes,
Which period should be considered for the Gratuity and leave encashment calculation?
Option -1: From Date of Joining (DOJ) till Date of Leaving (DOL)
Option -2: From DOJ till the date of the award received from the court
In my opinion, he is eligible for both, and Option-1 should be considered for both Gratuity and Leave Encashment based on his last drawn wages (wages at the time of DOL), considering the continuous and uninterrupted services from DOJ till the last working day.
From India, Vadodara
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Seeking suggestions with support 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 court for reinstatement with back wages.
3. The court has awarded payment of 20% wages from his last working day until the date of the award without reinstatement on duty.
4. The court has not provided any clarification regarding the payment of Gratuity, Leave Encashment, etc. However, he is requesting payment for Gratuity and leave encashment.
Here is the query:
1. Will he be eligible for Gratuity and Leave Encashment?
If Yes,
Which period should be considered for the Gratuity and leave encashment calculation?
Option -1: From Date of Joining (DOJ) till Date of Leaving (DOL)
Option -2: From DOJ till the date of the award received from the court
In my opinion, he is eligible for both, and Option-1 should be considered for both Gratuity and Leave Encashment based on his last drawn wages (wages at the time of DOL), considering the continuous and uninterrupted services from DOJ till the last working day.
From India, Vadodara
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The contractual workman will be eligible for gratuity if he has continuous service as per the Payment of Gratuity Act for the years he has worked for the organization. He will also be eligible for leave pay if there is any leave due in his credit.
As opined by Hemal_HR, it is absolutely right.
S K Bandyopadhyay (WB, Howrah) CEO-USD HR Solutions +91 98310 81531 skb@usdhrs.in USD HR Solutions – To strive towards excellence with effort and integrity, www.usdhrs.in
From India, New Delhi
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367As opined by Hemal_HR, it is absolutely right.
S K Bandyopadhyay (WB, Howrah) CEO-USD HR Solutions +91 98310 81531 skb@usdhrs.in USD HR Solutions – To strive towards excellence with effort and integrity, www.usdhrs.in
From India, New Delhi
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The operative portion of the order has to be seen to understand the legal implications.
From the narration, option 1 appears legal and proper as the 20% back wages are to be seen as compensation since there is no reinstatement.
From India, Mumbai
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From the narration, option 1 appears legal and proper as the 20% back wages are to be seen as compensation since there is no reinstatement.
From India, Mumbai
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There are some basic facts that are not available for arriving at some ideas.
A) It was stated, "Required Notices were issued." What happened then? Did he reply, or were the Notices returned undelivered?
B) What action was initiated in either case? Was he terminated without conducting a domestic inquiry?
C) How did he suddenly approach the Court?
D) Did you receive a Notice, and did you appear?
E) What was stated by you in the Court?
From India, Chennai
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A) It was stated, "Required Notices were issued." What happened then? Did he reply, or were the Notices returned undelivered?
B) What action was initiated in either case? Was he terminated without conducting a domestic inquiry?
C) How did he suddenly approach the Court?
D) Did you receive a Notice, and did you appear?
E) What was stated by you in the Court?
From India, Chennai
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LEAVE ENCASHMENT NOT INCLUDED IN WAGES FOR P. F. CALCULATION.pdf
Leave Encashment & Salary Calculation.xls x