Dear All
I was appointed in a Co-op. Society on the post of Accounts Clerk in 1969. But in year 1978 i was illegaly terminated by the Society. I raise a disput case in Labour Court which give award in favour of me . but it takes a long time in Punjab and HYN. high court and in 2006 the single banch also give award in favour of me. but in 2008 the double bench remanded back it to Labour Court . Again the Labour Court give award in favour of me . but then Single bench give award in favour of me with 50% back wages with continuety of service in 2011 for giving benefit of long period to the society. My retirement date was december 2008. Now I want my claim as per Law which was on 50% back wages. Please advice me about what is amt. given under 50% back wages. My Salary having Basic, DP, many allowces and EPF . Whether under 50% back wages all Salary will be 50% or it will be 50% of Basic and DP with full allowances. What about retirement benifits i.e. gratuaty, E.L, EPF whether these are also 50% or Full. I want to know what is the meaning of 50% back wages as per LAW . And can i claim for my Promotions. which also give a big diff. What is the procedure for claiming my Promotions diff. I will highly regard for your reply.
Sat Pal Aggarwal
From India, Ambala
I was appointed in a Co-op. Society on the post of Accounts Clerk in 1969. But in year 1978 i was illegaly terminated by the Society. I raise a disput case in Labour Court which give award in favour of me . but it takes a long time in Punjab and HYN. high court and in 2006 the single banch also give award in favour of me. but in 2008 the double bench remanded back it to Labour Court . Again the Labour Court give award in favour of me . but then Single bench give award in favour of me with 50% back wages with continuety of service in 2011 for giving benefit of long period to the society. My retirement date was december 2008. Now I want my claim as per Law which was on 50% back wages. Please advice me about what is amt. given under 50% back wages. My Salary having Basic, DP, many allowces and EPF . Whether under 50% back wages all Salary will be 50% or it will be 50% of Basic and DP with full allowances. What about retirement benifits i.e. gratuaty, E.L, EPF whether these are also 50% or Full. I want to know what is the meaning of 50% back wages as per LAW . And can i claim for my Promotions. which also give a big diff. What is the procedure for claiming my Promotions diff. I will highly regard for your reply.
Sat Pal Aggarwal
From India, Ambala
Wages is defined in Section 2(rr) of the Industrial disputes Act 1947.
Wages means all remuneration capable of being expressed in terms of money, which would, if the terms of employment expressed or implied, were fulfilled, be payable to a workman in respect of his employment or of work done in such employment, and includes -
(i) such allowances (including dearness allowance) as the workman is for the time being entitled to;
(ii) the value of any house accommodation, or of supply of light, water, medical attendance or other amenity or
of any service or of any concessional supply of food grains or other articles;
(iii) any travelling concession;
any commission payable on the promotion of sales or business or both
but does not include
(a) any bonus
(b) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the workman under any law for the time being in force;
(c) any gratuity payable on the termination of his service.
If the award is with continuity in service, you are entitled to promotion which you could have got, if continued in service.
Being an Accounts Clerk, I hope you will be able to work out the wage arrears from 1978 from the pay scale you were drawing at that time with revised pay scales if revised from time to time.
For other benefits, please go through the award carefully.
From India, Madras
75Wages means all remuneration capable of being expressed in terms of money, which would, if the terms of employment expressed or implied, were fulfilled, be payable to a workman in respect of his employment or of work done in such employment, and includes -
(i) such allowances (including dearness allowance) as the workman is for the time being entitled to;
(ii) the value of any house accommodation, or of supply of light, water, medical attendance or other amenity or
of any service or of any concessional supply of food grains or other articles;
(iii) any travelling concession;
any commission payable on the promotion of sales or business or both
but does not include
(a) any bonus
(b) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the workman under any law for the time being in force;
(c) any gratuity payable on the termination of his service.
If the award is with continuity in service, you are entitled to promotion which you could have got, if continued in service.
Being an Accounts Clerk, I hope you will be able to work out the wage arrears from 1978 from the pay scale you were drawing at that time with revised pay scales if revised from time to time.
For other benefits, please go through the award carefully.
From India, Madras
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Delhi - Minimum Wages w.e.f. 01.10.2012 (1).pdf
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