You might not get back wages but courts can grant reasonable compensation. The formula when the termination is held unjustified /illegal is not 'no work no pay'. To get back wages/ compensation you have to prove that you were unemployed after termination. What was the award of Labour Court?
Back Wages Entitlement vis-a-vis "No work No Pay" New Rule
I am a clerk and was terminated after 17 yrs service,citing 30 days notice clause. I challenged my termination in the Labour matter as a Party-in-Person. The Labour court dismissed my case on the ground that I am not a Workman. I wish to appeal before High Court and if situation requires later, even approach the Supreme Court. The point / query is : Now I am now 59 yrs and if I succeed in higher courts can I get back wages, not reinstatement as I may reach superannuation. BUT I am told that now a days (the trend is ) the Supreme Courts and High Courts are not granting BACK WAGES in similar type of cases, is that true ?. As cited I would not be eligible for reinstatement and even / if the back wages are "NO" as per "No work No pay" NEW rule then fighting my case is futile. Please enlighten me.
Asked 10 years ago in Labour
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3 Answers
Sir, You ended with a Q "What was the award of Labour Court ?" The Labour Court ended the Order in the following words: The petitioner was terminated from service •without conducting any enquiry as contemplated under order 38 of standing orders. Before termination the Management has not followed the principles of natural justice, hence the termination is against the standing order, however the petitioner is managerial staff is not a workman as defined under Sec.2(s) of the I.D. Act. Therefore, this petition under Sec.2-A(2) of I.D. Act is not maintainable. Please do help me with your opinion / advise.
Asked 10 years ago
Your case did not find favour with the Labour court because of jurisdiction as you were held not to be a workman. A clerk is usually a workman but designation is not important, it is nature of duty which determines the status. You can challenge the finding in High Court. If the termination was on account of any misconduct mentioned in the termination order, you can claim damages in civil law.
Sir, My case is out & out on Workman/Supervisor determination case. In my city I am not finding any Lawyer who has exposure / experience on my subject/matter - unlike in Mumbai/Delhi. Please suggest me how to proceed further.
Asked 10 years ago
You have to file a writ petition in High Court against the Award. Without looking at the findings in the Award as to why you were not held to be a workman under ID Act is to be seen. It would be rather a difficult task for you to argue in person on the subject. There must be good labour lawyer in Hyderabad.