Dear All,
I seek an advice on, a workmen/employee who is been dismissed or terminated from the services unlawfully and his termination is put aside by the labour court. Whether such workmen for the period he was terminated not for his fault shall be eligible for Bonus or shall not eligible with reference to sec 8 of Bonus Act state that the workmen should present minimum for 30 day during the year.
Kinldy put your advice and view in this regards,
Brijesh
From India, Mumbai
3I seek an advice on, a workmen/employee who is been dismissed or terminated from the services unlawfully and his termination is put aside by the labour court. Whether such workmen for the period he was terminated not for his fault shall be eligible for Bonus or shall not eligible with reference to sec 8 of Bonus Act state that the workmen should present minimum for 30 day during the year.
Kinldy put your advice and view in this regards,
Brijesh
From India, Mumbai
To make his eligibility or non eligibility, you must refer the report of the domestic enquiry. If he is not found guilty, then you must pay him bonus.
From India, Pune
From India, Pune
Dear Mr.Brijesh
You have stated in your post that the dismissal of the workman has been set aside by the Labour Court. The Award of the Labour Court in this case has to be read fully before any view could be given on the issue raised by you. Otherwise, the view may be incorrect and will not help youi.
With regards
From India, Madras
You have stated in your post that the dismissal of the workman has been set aside by the Labour Court. The Award of the Labour Court in this case has to be read fully before any view could be given on the issue raised by you. Otherwise, the view may be incorrect and will not help youi.
With regards
From India, Madras
Dear All,
Thanks for the reply and guidance. From the view of Mr. Harikrishnan i would like to add here that, the award of labour court here has stated reinstatement of the workment with full wages and has made his termination void.
Now in the award there is no mention of bonus whether to pay for the period he was not on due for the reason of termination. My query lies here that as per provision section 8 of the payment of bonus act workmen should be present on duty for atleast 30 days in a year shall be eligible for bonus. Now here this workmen is not present on duty to fulfill sec 8 eligibility not bcoz of his fault.
But as per the provision of the act he statnds not eligible for bonus.
What should be my stand as a HR ?
regards,
Brijesh
From India, Mumbai
Thanks for the reply and guidance. From the view of Mr. Harikrishnan i would like to add here that, the award of labour court here has stated reinstatement of the workment with full wages and has made his termination void.
Now in the award there is no mention of bonus whether to pay for the period he was not on due for the reason of termination. My query lies here that as per provision section 8 of the payment of bonus act workmen should be present on duty for atleast 30 days in a year shall be eligible for bonus. Now here this workmen is not present on duty to fulfill sec 8 eligibility not bcoz of his fault.
But as per the provision of the act he statnds not eligible for bonus.
What should be my stand as a HR ?
regards,
Brijesh
From India, Mumbai
Dear Mr.Brijeah
As the Labour Court has awarded reinstatement with full wages, the worker is deemed to be in service during the period of his dismissal and is entitled to bonus subject to the eligibility conditions contained in the Payment of Bonus Act. As you are paying "wages" for the period of his dismissal he is deemed to have worked.
With regards
From India, Madras
As the Labour Court has awarded reinstatement with full wages, the worker is deemed to be in service during the period of his dismissal and is entitled to bonus subject to the eligibility conditions contained in the Payment of Bonus Act. As you are paying "wages" for the period of his dismissal he is deemed to have worked.
With regards
From India, Madras
Dear Mr.Brijesh
The following is an extract of a portion of the judgment of the Honourable Supreme Court of Indian in Gammon India Ltd. vs Niranjan Dass reported in 1984 (1) LLN 90.
"In the course of hearing of this appeal, it was stated that the respondent has reached the age of superannuation therefore physical reinstatement in service is not possible. Appellant will have to
From India, Madras
The following is an extract of a portion of the judgment of the Honourable Supreme Court of Indian in Gammon India Ltd. vs Niranjan Dass reported in 1984 (1) LLN 90.
"In the course of hearing of this appeal, it was stated that the respondent has reached the age of superannuation therefore physical reinstatement in service is not possible. Appellant will have to
establish that fact but in the event, the appellant shows that under a valid rule, respondent has reached the stage of superannuation and therefore physical reinstatement is not possible, it is hereby declared that the respondent shall continue to be in service uninterruptedly from the date of
the attempted termination of service till the date of superannuation. Respondent would be entitled to all back wages including the benefit of revised wages or salary if during the period there is revision of pay-scales with yearly increment, revised dearness allowance or variable dearness allowance and all terminal benefits if he has reached the age of superannuation such as Provident Fund, Gratuity etc. Back wages should be calculated as if the respondent continued in service uninterrupted. He is also entitled to leave encashment and bonus if other workmen in the same category were paid the same."
The above extract directly answers your query. You can read the full judgment in the official website of the Honourable Supreme Court of India.
With regards
the attempted termination of service till the date of superannuation. Respondent would be entitled to all back wages including the benefit of revised wages or salary if during the period there is revision of pay-scales with yearly increment, revised dearness allowance or variable dearness allowance and all terminal benefits if he has reached the age of superannuation such as Provident Fund, Gratuity etc. Back wages should be calculated as if the respondent continued in service uninterrupted. He is also entitled to leave encashment and bonus if other workmen in the same category were paid the same."
The above extract directly answers your query. You can read the full judgment in the official website of the Honourable Supreme Court of India.
With regards
From India, Madras
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