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santoshbenalamath
We have dismissed one of our employee for instigating employees to start strike, after completion of inquiry agreed by the said order he raised industrial dispute in the legal court. The labour court has passed an award that the order of dismissal dated 07.05.2001 is hereby set aside. The respondents are here by directed to reinstate the claimant with continuity of the service and all other consequential benefits. However, the claimant is not entitled to any back wages. As per the Court Order we have reinstated him int he year 2008 after the final disposal of WP in High Court.
Now, the said employee is claiming for Bonus, leave salary, Increment, PF and casual leave privilege leave and sick leave for encashment from 2001 to 2008.
Please clarify whether he is entitle for above benefits.
Please let me know the meaning of consequential benefits.
Regards,
Santosh Benalamath

From India, Bangalore
kumaracme
421

if he is reinstated with out back wages, he may not be eligible consequential benefits as there is no basis for arrival of wages during his terminated period. Further you can ask him to raise a dispute at an appropriate forum where the authority would spell out whether he is eligible for any benefits or not.
From India, New Delhi
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