Dear seniors, I would like to seek clarification for the matters mentioned below and way forward.
This is not a hypothetical scenario; it is based on the true events and facts.
An employee who worked for Global MNC as stores assistant from the year 1986 by that time he was a daily wage employee but the salary slip was from the company name.
In the year 1990 the employee becomes monthly salary worker (Consolidated monthly temporary worker) salary slip in company name.
In the year 2002 the employee demands permanency from the company being worked for more than 16 years.
Eventually the employee approached Labour department for help and the conciliation proceedings took place and verdict was in the favour of the employee awarding permanency.
The company gone for appeal in Labour court challenging the award. Mean time the company issued termination order while the case was in proceedings in the year 2005.
Challenging that the employee filled a separate writ petition in Labour court against it,
The employee has been denied in the office premises.
Labour court judgement came in 2012 in favour of the employee awarding reinstating with back wages.
The employer again appealed in the high court and the case is still pending.
The employer has no means of evidences and proofs and just for dragging the case appealed in the high court.
The employee has strong evidences with him and has a strong hold on the case, but financially deprived and needs to travel from his native to Chennai for every hearing which is of 350 kms from Chennai which he finds very hard.
Mean time the employee fallen sick very badly were he can hardly walk and adding fuel to fire no judges were appointed which again dragged the case further.
Now as the company knew that they cant win the case they are approaching the employee lawyer for out of the court settlement and the amount they quote was very less and the employee is not satisfied by it (The case is running for about 15 + years and if the employee would have been made permanent as per his grade he will be getting around 45,000 /PM confirmed from other employee who worked with him and still working in the same company)
The company has offered around 25 lakhs were as the employee demand is way higher than that because of his present health condition and family situation.
Also the company has not sent any formal settlement negotiation letter or mail in this respect. The company lawyer approached the employee lawyer.
Help required
1. Does the settlement amount offer was truthful, considering the long hard battle fought by the employee and poor health issue. (the employees age is 52 now)
2. Can the employee directly approach management weather they have proposed the offer in align with the employee lawyer
3. What can be the employee demands in amount offered? (At the time of termination the employee was getting Rs 8000/- appx as monthly salary)
4. The employee father was murdered while on duty while visiting one of the mines of the company based on which the employee was given job, but in the case proceedings the employee has not mentioned anything regarding it and proofs for the same is also with the employee. Can he open this in court now?
Happy to share any documents personally. We all know that labour Case will take time but 30 years is too long, proper guiding could benefit employee to the fullest. If any additional info required also happy to share.
From India, Chennai
This is not a hypothetical scenario; it is based on the true events and facts.
An employee who worked for Global MNC as stores assistant from the year 1986 by that time he was a daily wage employee but the salary slip was from the company name.
In the year 1990 the employee becomes monthly salary worker (Consolidated monthly temporary worker) salary slip in company name.
In the year 2002 the employee demands permanency from the company being worked for more than 16 years.
Eventually the employee approached Labour department for help and the conciliation proceedings took place and verdict was in the favour of the employee awarding permanency.
The company gone for appeal in Labour court challenging the award. Mean time the company issued termination order while the case was in proceedings in the year 2005.
Challenging that the employee filled a separate writ petition in Labour court against it,
The employee has been denied in the office premises.
Labour court judgement came in 2012 in favour of the employee awarding reinstating with back wages.
The employer again appealed in the high court and the case is still pending.
The employer has no means of evidences and proofs and just for dragging the case appealed in the high court.
The employee has strong evidences with him and has a strong hold on the case, but financially deprived and needs to travel from his native to Chennai for every hearing which is of 350 kms from Chennai which he finds very hard.
Mean time the employee fallen sick very badly were he can hardly walk and adding fuel to fire no judges were appointed which again dragged the case further.
Now as the company knew that they cant win the case they are approaching the employee lawyer for out of the court settlement and the amount they quote was very less and the employee is not satisfied by it (The case is running for about 15 + years and if the employee would have been made permanent as per his grade he will be getting around 45,000 /PM confirmed from other employee who worked with him and still working in the same company)
The company has offered around 25 lakhs were as the employee demand is way higher than that because of his present health condition and family situation.
Also the company has not sent any formal settlement negotiation letter or mail in this respect. The company lawyer approached the employee lawyer.
Help required
1. Does the settlement amount offer was truthful, considering the long hard battle fought by the employee and poor health issue. (the employees age is 52 now)
2. Can the employee directly approach management weather they have proposed the offer in align with the employee lawyer
3. What can be the employee demands in amount offered? (At the time of termination the employee was getting Rs 8000/- appx as monthly salary)
4. The employee father was murdered while on duty while visiting one of the mines of the company based on which the employee was given job, but in the case proceedings the employee has not mentioned anything regarding it and proofs for the same is also with the employee. Can he open this in court now?
Happy to share any documents personally. We all know that labour Case will take time but 30 years is too long, proper guiding could benefit employee to the fullest. If any additional info required also happy to share.
From India, Chennai
Dear Calyanaramon,
Your conspectus of the case reminds me of the proverb - " It is always better to nip in the bud".
Whether the employee who is now 52 years old is of sound health or not, he has not attained the age of superannuation and as such after reinstatement he has the prereogative to decide retiring voluntarily on health grounds any time before his actual superannuation.
Similarly, whether the employee's initial appointment was on compassionate ground or not, he was in continuous service of the establishment from 1986 to some time in 2012 the date on which the Labour Court awarded reinstatement with with backwages. There is still a presumption that he is in the service of the establishment though an appeal by the management against the award is pending in the High Court. Your post is purposively or purposely silent about the orders, if any passed by the High Court u/s 17-B of the Industrial Disputes Act,1947 granting the interim relief of lastdrawn full wages. It, therefore, gives rise to another inevitable presumption that for all practical purposes now he would be drawing a salary of Rs.45000-00p.m on the analogy of his peer mentioned in your post. In such a perplex situation, people like us can not come to a conclusion whether the amount of Rs25lakh offered by the Management as one-time-settlement including past claims towards notional salary and terminal benefit like gratuity etc., is very reasonable.
I would appreciate the present move of the management in principle for an Out-of-Court Settlement. But its reasonableness depends upon the actual calculation of the dues. Better talk to the employee and his counsel and arrive at an amicable settlement. If possible seek the assistance of the Conciliation Officer for the area.
From India, Salem
6018Your conspectus of the case reminds me of the proverb - " It is always better to nip in the bud".
Whether the employee who is now 52 years old is of sound health or not, he has not attained the age of superannuation and as such after reinstatement he has the prereogative to decide retiring voluntarily on health grounds any time before his actual superannuation.
Similarly, whether the employee's initial appointment was on compassionate ground or not, he was in continuous service of the establishment from 1986 to some time in 2012 the date on which the Labour Court awarded reinstatement with with backwages. There is still a presumption that he is in the service of the establishment though an appeal by the management against the award is pending in the High Court. Your post is purposively or purposely silent about the orders, if any passed by the High Court u/s 17-B of the Industrial Disputes Act,1947 granting the interim relief of lastdrawn full wages. It, therefore, gives rise to another inevitable presumption that for all practical purposes now he would be drawing a salary of Rs.45000-00p.m on the analogy of his peer mentioned in your post. In such a perplex situation, people like us can not come to a conclusion whether the amount of Rs25lakh offered by the Management as one-time-settlement including past claims towards notional salary and terminal benefit like gratuity etc., is very reasonable.
I would appreciate the present move of the management in principle for an Out-of-Court Settlement. But its reasonableness depends upon the actual calculation of the dues. Better talk to the employee and his counsel and arrive at an amicable settlement. If possible seek the assistance of the Conciliation Officer for the area.
From India, Salem
Dear Sir, Thanks for the response, just a small clarification the order was passed in the Labour court post which the management appealed in high court and still the case is pending.
From India, Chennai
From India, Chennai
The non-employment case was already decided by the Labour Court in favour of the workman granting the relief of reinstatement with back wages and continuity of service. The Writ Appeal only at the behest of management is pending in the High Court. Therefore it is for the management to settle the dispute amicably with the workman by negotiation and withdraw the writ.
From India, Salem
From India, Salem
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