I am an employee of the Govt of India Enterprise. I was wrongfully terminated in 2014 by the then CMD without any reason and without following the CDA rules of the company. They could not invoke CDA rules because there was no issue on which they could have issued a show cause or chargesheet. The then CMD of the organisation did this act on account of a personal grudge, which was not at all/still not known. However, the writ petition was filed by me in Calcutta High Court, and the company dragged the matter, seeking dates after dates and employing senior advocates' services for approximately nine years. As there was no point to prove, the counsels of the company used derogatory remarks and made false representations day after day but could not substantiate anything with documents.
With God's grace, the matter was at last properly heard in 2020, and the termination was set aside with reinstatement with full back wages and other benefits and with cost to the company. The company took the matter to the Division Bench where again the matter of conspiracy was clearly highlighted by the learned honorable judges. The order of the single bench was kept as it is, and the cost to the company was enhanced, and also the individuals involved in the conspiracy were fined.
The company took the matter up to the Honorable Supreme Court, where again, the appeal of the company was dismissed. Now, I have rejoined the organization as per the order of the Honorable Supreme Court. The company has made a calculation of salary arrears of the last nine years along with allowances, but the company is reluctant to: (a) give my earned leave and half-pay leaves along with leave encashment for the duration; (b) promotions which I would receive for the duration, on the plea that "the matter is an unknown territory."
But as far as my knowledge goes, "earned leave/privilege leave, half-pay leave is a part of the salary." Even there are Judgments of Honorable SC on the same. Further, I am entitled to promotions for the said duration. Can anyone give views/directions? Regards
Location: Kolkata, India
From India, Kolkata
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With God's grace, the matter was at last properly heard in 2020, and the termination was set aside with reinstatement with full back wages and other benefits and with cost to the company. The company took the matter to the Division Bench where again the matter of conspiracy was clearly highlighted by the learned honorable judges. The order of the single bench was kept as it is, and the cost to the company was enhanced, and also the individuals involved in the conspiracy were fined.
The company took the matter up to the Honorable Supreme Court, where again, the appeal of the company was dismissed. Now, I have rejoined the organization as per the order of the Honorable Supreme Court. The company has made a calculation of salary arrears of the last nine years along with allowances, but the company is reluctant to: (a) give my earned leave and half-pay leaves along with leave encashment for the duration; (b) promotions which I would receive for the duration, on the plea that "the matter is an unknown territory."
But as far as my knowledge goes, "earned leave/privilege leave, half-pay leave is a part of the salary." Even there are Judgments of Honorable SC on the same. Further, I am entitled to promotions for the said duration. Can anyone give views/directions? Regards
Location: Kolkata, India
From India, Kolkata
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Addressing Unpaid Dues and Entitlements After Reinstatement
To address the situation of unpaid dues and entitlements after your reinstatement following a wrongful termination, it is crucial to understand your rights and the legal framework in India. Here are practical steps you can take to ensure you receive what you are entitled to:
1. Consult Relevant Labor Laws: Refer to the Industrial Employment (Standing Orders) Act, 1946, and the Industrial Disputes Act, 1947, which govern employment matters in India. These laws outline provisions related to back wages, leave encashment, and promotions.
2. Claiming Earned Leave and Half Pay Leave: Earned leave and half-pay leave are integral parts of an employee's compensation package. As per legal precedents, these leaves are considered as part of salary. Therefore, you are entitled to receive payment for the accumulated earned leave and half-pay leave for the period of your absence.
3. Leave Encashment: Employers are typically required to provide leave encashment for accrued but unused leave upon an employee's separation or retirement. Since you were wrongfully terminated and subsequently reinstated, you should be eligible for leave encashment for the duration you were out of service.
4. Promotions and Career Progression: As per the principles of reinstatement with full back wages and benefits, you are entitled to not only the salary arrears but also promotions and increments that you would have received during your absence. The denial of promotions on the grounds of the matter being an "unknown territory" is not legally justifiable.
5. Seek Legal Assistance: If the company continues to deny your rightful dues, consider seeking legal advice from a competent labor lawyer who can assist you in enforcing your entitlements as per the court order. They can help you navigate the legal complexities and ensure you receive what is rightfully yours.
6. Document Your Claims: Maintain a record of your claims for earned leave, half-pay leave, leave encashment, and missed promotions. Having a documented trail will strengthen your case if you need to escalate the matter through legal channels.
By following these steps and seeking appropriate legal guidance, you can assert your rights and ensure that the company fulfills its obligations towards you as per the court's reinstatement order.
From India, Gurugram
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40To address the situation of unpaid dues and entitlements after your reinstatement following a wrongful termination, it is crucial to understand your rights and the legal framework in India. Here are practical steps you can take to ensure you receive what you are entitled to:
1. Consult Relevant Labor Laws: Refer to the Industrial Employment (Standing Orders) Act, 1946, and the Industrial Disputes Act, 1947, which govern employment matters in India. These laws outline provisions related to back wages, leave encashment, and promotions.
2. Claiming Earned Leave and Half Pay Leave: Earned leave and half-pay leave are integral parts of an employee's compensation package. As per legal precedents, these leaves are considered as part of salary. Therefore, you are entitled to receive payment for the accumulated earned leave and half-pay leave for the period of your absence.
3. Leave Encashment: Employers are typically required to provide leave encashment for accrued but unused leave upon an employee's separation or retirement. Since you were wrongfully terminated and subsequently reinstated, you should be eligible for leave encashment for the duration you were out of service.
4. Promotions and Career Progression: As per the principles of reinstatement with full back wages and benefits, you are entitled to not only the salary arrears but also promotions and increments that you would have received during your absence. The denial of promotions on the grounds of the matter being an "unknown territory" is not legally justifiable.
5. Seek Legal Assistance: If the company continues to deny your rightful dues, consider seeking legal advice from a competent labor lawyer who can assist you in enforcing your entitlements as per the court order. They can help you navigate the legal complexities and ensure you receive what is rightfully yours.
6. Document Your Claims: Maintain a record of your claims for earned leave, half-pay leave, leave encashment, and missed promotions. Having a documented trail will strengthen your case if you need to escalate the matter through legal channels.
By following these steps and seeking appropriate legal guidance, you can assert your rights and ensure that the company fulfills its obligations towards you as per the court's reinstatement order.
From India, Gurugram
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Termination-emp loyment_563.pdf
Termination letter.doc