I am an employee of the Govt of India Enterprise. I was wrongfully terminated in 2014 by the then CMD without any reason and without following the CDA rules of the company. They could not invoke CDA rules because there was no issue on which they could have issued a show cause or chargesheet. The then CMD of the organisation did this act on account of a personal grudge, which was not at all / still not known. However, the writ petition was filed by me in Calcutta High Court, and the company dragged the matter, seeking dates after dates and employing senior advocates services for approximately nine years. As there was no point to prove, the counsels of the company used derogatory remarks and made false representations day after day but could not substantiate anything with documents.
With god's grace, the matter was at last properly heard in 2020 and the termination was set aside with reinstatement with full back wages and other benefits and with cost to the company. The company took the matter to Division Bench where again the matter of conspiracy was clearly highlighted by the learned hon'ble judges order of single bench was kept as it is and the cost to the company was enhanced and also the individuals involved in the conspiracy was fined.
The company took the matter up to Hon'ble Supreme Court, where again, the appeal of the company was dismissed.
Now, I have rejoined the organisation as per the order of the Hon'ble Supreme Court. The company has made a calculation of salary arrears of the last nine years along with allowances, but the company is reluctant to: (a) give my earned leave and half pay leaves along with leave encashment for the duration; (b) promotions which I would receive for the duration, on the plea that the "the matter is an unknown territory".
But as far as my knowledge goes, "earned leave/privilege leave, half-pay leave is a part of the salary." Even there are Judgments of Honble SC on the same. Further, I am entitled to promotions for the said duration. Can anyone give views/directions?
regards
From India, Kolkata
With god's grace, the matter was at last properly heard in 2020 and the termination was set aside with reinstatement with full back wages and other benefits and with cost to the company. The company took the matter to Division Bench where again the matter of conspiracy was clearly highlighted by the learned hon'ble judges order of single bench was kept as it is and the cost to the company was enhanced and also the individuals involved in the conspiracy was fined.
The company took the matter up to Hon'ble Supreme Court, where again, the appeal of the company was dismissed.
Now, I have rejoined the organisation as per the order of the Hon'ble Supreme Court. The company has made a calculation of salary arrears of the last nine years along with allowances, but the company is reluctant to: (a) give my earned leave and half pay leaves along with leave encashment for the duration; (b) promotions which I would receive for the duration, on the plea that the "the matter is an unknown territory".
But as far as my knowledge goes, "earned leave/privilege leave, half-pay leave is a part of the salary." Even there are Judgments of Honble SC on the same. Further, I am entitled to promotions for the said duration. Can anyone give views/directions?
regards
From India, Kolkata
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.
Termination-emp loyment_563.pdf
Termination letter.doc