Labor court ordered reinstatement and back wages to employee. Employer reinstated the employee and paid full back wages . Now, employer appealed in the High court and High court reversed the labor court order ,after 5 years. Now ,will employee need to refund the full amount received by him (back wages + salary of 5 years), on reinstatement ,to the employer ?
From India, Bangalore
1From India, Bangalore
Employee retrenched illegally in 2002. Labor court awarded reinstatement with back wages in 2005. Employer paid back wages from 2002 to 2005 , subsistence salary 2005 to 2007 .Employer appealed to high court. High court reversed labor court order in 2007.Now should the employee refund the amount received so far ( back wages , subsistence salary from 2002 to 2007 ) to the employer,since employee lost the case in High court?
From India, Bangalore
From India, Bangalore
Give the details
For the 5 yrs employee worked r not when he was removed & when the case was filed ..in labour court & when was employer filed the case in high court
Did the employer paid back wages to employee...
From India, Bangalore
For the 5 yrs employee worked r not when he was removed & when the case was filed ..in labour court & when was employer filed the case in high court
Did the employer paid back wages to employee...
From India, Bangalore
The labour court directed re-instatement of employee and the employee given benefit as per the directives of Labour Court. Whereas the mangement preferred an appeal before High Court and the order of Labour Court was reversed. In such a situation, employee is under no obligation to return the salary or benefit paid.
Basically, the Labour Legislation are enacted to protect the labour from mis-management.
From India, Madras
Basically, the Labour Legislation are enacted to protect the labour from mis-management.
From India, Madras
Employee retrenched in 2007 . Case filed in labor court in 2007. Labor court ordered reinstatement with full back wages in 2012.Employer paid full 5 years back wages with reinstatement in 2012. Employee worked from 2012 to 2014 . Parallely Employer appealed in high court in 2012. High court reversed the lobor court order in 2014 and employer won the case. Will employee need to refund the back wages ( from 2007 to 2012 = 5yrs) to the employer , since employee lost the case in high court.
From India, Bangalore
From India, Bangalore
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