Dear All,
Seeking suggestion with supporting 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 the court for the reinstatement with back wages.
3. Court has awarded to pay 20% wages from his last working day till the date of award without reinstatement on duty.
4. Court has not awarded any clarification for the payment of Gratuity , Leave Encashment etc . But he is asking the Gratuity & leave encashment Payment.
Here is the query,
1. Will he eligible for Gratuity & Leave Encashment?
If Yes,
Which period should be consider for the Gratuity & leave encashment Calculation?
Option -1 : From DOJ till DOL
Option -2 : From DOJ till the date of awarded received from the court
In my opinion, He is eligible for both & Option-1 should be considered for both Gratuity & Leave encashment based on his last drawn wages (wages at the time of DOL) considering the continuous and uninterrupted services from DOJ till last working day.
From India, Vadodara
Seeking suggestion with supporting 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 the court for the reinstatement with back wages.
3. Court has awarded to pay 20% wages from his last working day till the date of award without reinstatement on duty.
4. Court has not awarded any clarification for the payment of Gratuity , Leave Encashment etc . But he is asking the Gratuity & leave encashment Payment.
Here is the query,
1. Will he eligible for Gratuity & Leave Encashment?
If Yes,
Which period should be consider for the Gratuity & leave encashment Calculation?
Option -1 : From DOJ till DOL
Option -2 : From DOJ till the date of awarded received from the court
In my opinion, He is eligible for both & Option-1 should be considered for both Gratuity & Leave encashment based on his last drawn wages (wages at the time of DOL) considering the continuous and uninterrupted services from DOJ till last working day.
From India, Vadodara
The contractual workman will be eligible for gratuity if he has continuous service as per 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 is absolutely right.
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
USD HR Solutions – To Strive towards excellence with effort and integrity
From India, New Delhi
337He will also be eligible for leave pay if there is any leave due in his credit.
As opined by Hemal_HR is absolutely right.
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
USD HR Solutions – To Strive towards excellence with effort and integrity
From India, New Delhi
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 is to be seen as compensation and since there is no reinstatement.
From India, Mumbai
From the narration, option 1 appears legal and proper as the 20% back wages is to be seen as compensation and since there is no reinstatement.
From India, Mumbai
There are some basic facts which are not available for arriving at some ideas. A) It was stated "Required Notices were issued" What happened then? Did he reply or the Notices were returned undelivered? B) What was the action initiated in either case? B) Was he Terminated without Conducting Domestic Enquiry? C) How did he suddenly approached the Court? D) Did you receive Notice and did you appear? E) What was stated by you in the Court?......
From India, Chennai
From India, Chennai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Gratuity-Contin uous Service-countin g broken period with same employer-Madras HC Judgment.docx
Gratuity-Leave calculation on CTC-Rev..xls