Hello everyone. I would like to seek one advice on a practical issue, wherein an employee joined the establishment on 2006 and worked up to 2009. In 2009 he was absconded and after due reminder letter and formalities was terminated. He then again in 2013 claimed for job in Labour court and as per the advice by Labour office the company rehired him in 2015.The case continued for 2 year. But the labour court didn't advice to Company for any payment for the period from 2013-2015.
After advice from the labour court to rehire the employee in 2015, the company did the same and employed him in one of it's unit under the same group. The guy there also worked for 2 months and absconded.Again company did the same formality as to e done for abscond case.
Now the employee has launched a case in labour court and demanding gratuity from 2006 to 2015.
Is he Legally eligible to get the Gratuity or Not kindly advice.
Today From India, Dhanbad
From India, Dhanbad
21After advice from the labour court to rehire the employee in 2015, the company did the same and employed him in one of it's unit under the same group. The guy there also worked for 2 months and absconded.Again company did the same formality as to e done for abscond case.
Now the employee has launched a case in labour court and demanding gratuity from 2006 to 2015.
Is he Legally eligible to get the Gratuity or Not kindly advice.
Today From India, Dhanbad
From India, Dhanbad
Dear Amlan_Jimun,
I think the use of correct terminology denoting the legal forums such as Labor Officer, Labor Court etc., and the forms of their disposal of the case brought to them in a post seeking some clarification would help both the poster and the respondents understand the query in the right perspective. Any dispute of non-employment raised before a Labor Officer may be disposed of through an agreed advice or a settlement u/s 12(3) or a failure report of conciliation u/s 12(4) of the ID Act,1947 respectively. But such a dispute before the Labour Court would be disposed of by an order called award only.
Therefore, clearly state whether he was given re-employment before his second termination on the basis of the advice of the Labor Officer or on the basis of the award of the Labor Court and their contents as well.
From India, Salem
I think the use of correct terminology denoting the legal forums such as Labor Officer, Labor Court etc., and the forms of their disposal of the case brought to them in a post seeking some clarification would help both the poster and the respondents understand the query in the right perspective. Any dispute of non-employment raised before a Labor Officer may be disposed of through an agreed advice or a settlement u/s 12(3) or a failure report of conciliation u/s 12(4) of the ID Act,1947 respectively. But such a dispute before the Labour Court would be disposed of by an order called award only.
Therefore, clearly state whether he was given re-employment before his second termination on the basis of the advice of the Labor Officer or on the basis of the award of the Labor Court and their contents as well.
From India, Salem
Dear Friend,
The employee was terminated in absentia, adhering all formalities. After due inquiry disciplinary process the employee should have been terminated from service and discharged from the organisation with all admissible emoluments as such or such that, hope, you have adhered all formalities. In this case there is no question of rehiring the employee on any account. The reason is now know where you have rehired, do not use the word rehire, the employee is fresh and the service to the organisation is also fresh, no need to give back wages, he had put in 2 months again absconded, so you have followed the same procedures of termination.
1) In case you are true to your services, there is no need to worry about labour office, followed the disciplinary proceedings will add the advantage of termination, there is always doubt in these area.
2) In case you have not followed the procedures, please consult a lawyer and do the procedures and complete the process.
3) Suppose, the individual /absconded employee give trouble to your organisation, file about the labour complain in the labor office, police for his unauthorised absence, and take the situation in your favour for getting him rid from services.
4) There is always another way of treating these kind of employee who give trouble unnecessarily do that without hesitation. Your organisation is the one you have to lead.
Never succumb to any kind of pressure in case you are true to your services.
From India, Arcot
The employee was terminated in absentia, adhering all formalities. After due inquiry disciplinary process the employee should have been terminated from service and discharged from the organisation with all admissible emoluments as such or such that, hope, you have adhered all formalities. In this case there is no question of rehiring the employee on any account. The reason is now know where you have rehired, do not use the word rehire, the employee is fresh and the service to the organisation is also fresh, no need to give back wages, he had put in 2 months again absconded, so you have followed the same procedures of termination.
1) In case you are true to your services, there is no need to worry about labour office, followed the disciplinary proceedings will add the advantage of termination, there is always doubt in these area.
2) In case you have not followed the procedures, please consult a lawyer and do the procedures and complete the process.
3) Suppose, the individual /absconded employee give trouble to your organisation, file about the labour complain in the labor office, police for his unauthorised absence, and take the situation in your favour for getting him rid from services.
4) There is always another way of treating these kind of employee who give trouble unnecessarily do that without hesitation. Your organisation is the one you have to lead.
Never succumb to any kind of pressure in case you are true to your services.
From India, Arcot
Dear Amlan,
It depends on what order was passed by the Hon. Labour court in the matter. If the order states reinstatement with back wages and continuity of service, then gratuity is payable. We can give the proper advice only after scrutinising the order of the Labour Court.
From India, Pune
It depends on what order was passed by the Hon. Labour court in the matter. If the order states reinstatement with back wages and continuity of service, then gratuity is payable. We can give the proper advice only after scrutinising the order of the Labour Court.
From India, Pune
Dear UMAKANTHAN53 Sir, Thanking you for reply. Sir the settlement was done through Conciliation by signing Form 'K' only for reemployment. Not to pay any amount for the period.
From India, Dhanbad
From India, Dhanbad
Thank you Mr. Gopinath & Mr. DMC123, For the advice and any other suggestion you would like to share pertaining to the conciliation detail i have given above.
From India, Dhanbad
From India, Dhanbad
the question is of payment of gratuity. If there was no break in service the fellow is entitled for gratuity. When the fellow was taken in employment consequent upon conciliation proceedings whether it was reemployment or not. Payment of salary of intervening period is of no consequence. please see the definition of continuous service under payment of gratuity act which entail that unless order of break in service as per standing order is passed he would deemed to be in service.hence the agreement wording would be utmost importance
From India, Kanpur
From India, Kanpur
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