Labor court ordered reinstatement and back wages to the employee. The employer reinstated the employee and paid full back wages. However, the employer has now appealed in the High Court, and the High Court has reversed the labor court order after five years. The question arises: will the employee need to refund the full amount received (back wages + salary of five years) upon reinstatement to the employer?
From India, Bangalore
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1From India, Bangalore
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Employee was retrenched illegally in 2002. The labor court awarded reinstatement with back wages in 2005. The employer paid back wages from 2002 to 2005 and a subsistence salary from 2005 to 2007. However, the employer appealed to the high court, which reversed the labor court's order in 2007.
Now, the question arises: should the employee refund the amount received so far (back wages, subsistence salary from 2002 to 2007) to the employer since the employee lost the case in the high court?
From India, Bangalore
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Now, the question arises: should the employee refund the amount received so far (back wages, subsistence salary from 2002 to 2007) to the employer since the employee lost the case in the high court?
From India, Bangalore
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Were you gainfully employed during this period anywhere else? In my opinion no refund will be ordered by High Court. What does the HC order say while reversing labour court verdict?
From India, Pune
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From India, Pune
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OR please share the case number, year of institution and the HC name.
From India, Delhi
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From India, Delhi
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Please provide the following details regarding the employee:
- Whether the employee worked for 5 years or not
- Dates of the employee's termination and when the case was filed in the labor court
- Date when the employer filed the case in the high court
- Confirmation on whether the employer paid back wages to the employee.
Thank you.
From India, Bengaluru
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- Whether the employee worked for 5 years or not
- Dates of the employee's termination and when the case was filed in the labor court
- Date when the employer filed the case in the high court
- Confirmation on whether the employer paid back wages to the employee.
Thank you.
From India, Bengaluru
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The labor court directed reinstatement of the employee, and the employee was given benefits as per the directives of the Labor Court. However, the management chose to appeal before the High Court, and the order of the Labor Court was overturned. In such a situation, the employee is under no obligation to return the salary or benefits received.
Basically, labor legislation is enacted to protect labor from mismanagement.
From India, Madras
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Basically, labor legislation is enacted to protect labor from mismanagement.
From India, Madras
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why the posting person is not furnishing details......Is it a rum-our by some........do not trust and do not be discouraged by such unauthentic post.
From India, Delhi
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From India, Delhi
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Why the participant not sharing the court judgement. Is it hypothetical case.
From India, Nellore
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From India, Nellore
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Employee was retrenched in 2007. A case was filed in the labor court in the same year. The labor court ordered reinstatement with full back wages in 2012, and the employer paid the full 5 years' back wages along with reinstatement in 2012. The employee worked from 2012 to 2014. Meanwhile, the employer appealed in the high court in 2012. In 2014, the high court reversed the labor court order, and the employer won the case. The question arises whether the employee will need to refund the back wages (from 2007 to 2012, totaling 5 years) to the employer, considering the employee lost the case in the high court.
From India, Bangalore
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From India, Bangalore
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