We have dismissed one of our employee for instigating employees to start strike, after completion of inquiry agreed by the said order he raised industrial dispute in the legal court. The labour court has passed an award that the order of dismissal dated 07.05.2001 is hereby set aside. The respondents are here by directed to reinstate the claimant with continuity of the service and all other consequential benefits. However, the claimant is not entitled to any back wages. As per the Court Order we have reinstated him int he year 2008 after the final disposal of WP in High Court.
Now, the said employee is claiming for Bonus, leave salary, Increment, PF and casual leave privilege leave and sick leave for encashment from 2001 to 2008.
Please clarify whether he is entitle for above benefits.
Please let me know the meaning of consequential benefits.
Regards,
A M. Ashtagi
Dy. Manager (P)
From India, Bijapur
Now, the said employee is claiming for Bonus, leave salary, Increment, PF and casual leave privilege leave and sick leave for encashment from 2001 to 2008.
Please clarify whether he is entitle for above benefits.
Please let me know the meaning of consequential benefits.
Regards,
A M. Ashtagi
Dy. Manager (P)
From India, Bijapur
I think he is eligible for the said compensation (bonus, PF, leave salary etc) for said period because -
1) Though you dismissed him, the labour court asked you to revoke the dismissal and reemploy him.
2) The labour court advised you not to back the wages which means he is to start afresh as if he joined back on the new date.
Since he has worked from 2001 to 2008, (more than 5 years) he is also entitled to gratuity.
However, would appreciate if seniors can endorse their views on this.
From India, Mumbai
3771) Though you dismissed him, the labour court asked you to revoke the dismissal and reemploy him.
2) The labour court advised you not to back the wages which means he is to start afresh as if he joined back on the new date.
Since he has worked from 2001 to 2008, (more than 5 years) he is also entitled to gratuity.
However, would appreciate if seniors can endorse their views on this.
From India, Mumbai
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