hello
the decision has been challenged in the HC. kindly share the judgment and what are the grounds on which the department has challenged the decision.
regards
Payment of wages/salary of termination period
Hello sir ! my father was terminated on the charges of getting job on fake caste certificate. After long trial of 11 years, my father has been acquitted of charges. Decision has been challenged by Government Department (Central Government) in higher court. But due to lack of money he is unable to get help from lawyers. But someone told him that there is a Supreme court Judgement, according to which a terminated employee is entitled to get 20 or 25 percent of wages of termination period right after acquittal of trial court. Sir please guide on this issue. This is a matter of livelihood of our family. We are living in hell since he was terminated 12 years ago.
Asked 5 years ago in Labour
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sir it has not been challenged in HC but in district and session court ( i am not sure) but it is not the HC or SC). all i want to know is whether we can get any financial relief from department. someone (lawyer) told my father that there is a SC judgment according to which we can get 25% of dues of termination period right after trial court. my father has submitted a request to department for monetary relief but they do not entertain his application. sir just guide us whether we can get some relief from department or not?
Asked 5 years ago
Sub-rule (3) of F.R. 54-B does not state that in case of acquittal in a criminal proceedings the employee is entitled to his salary and allowances for the period of suspension. Sub-rule (3) of F.R. 54-B also does not state that in such case of acquittal the employee would be entitled to his salary and allowances for the period of suspension unless the charge of misconduct against him is proved in the disciplinary proceedings. Sub-rule (3) of F.R. 54-B vests power in the competent authority to order that the employee will be paid the full pay and allowances for the period of suspension if he is of the opinion that the suspension of the employee was wholly unjustified. Hence, even where the employee is acquitted of the charges in the criminal trial for lack of evidence or otherwise, it is for the competent authority to form its opinion whether the suspension of the employee was wholly unjustified and so long as such opinion of the competent authority was a possible view in the facts and circumstances of the case and on the materials before him, such opinion of the competent authority would not be interfered by the Tribunal or the Court.
Citations
________________________________________________
The Greater Hyderabad Municipal Corporation ... Appellant
Versus
M. Prabhakar Rao ..... Respondent
_______________________________________________
P.R.Sasidhara
vs
Commissioner Of Central Excise
________________________________________________
Harbhajan Singh
vs
State Of Punjab
Deepali Gundu Surwase v. Kranti Junior Adhyapak Mahavidyalaya[4], wherein supreme Court has held thus:
“22. The very idea of restoring an employee to the position which he held before dismissal or removal or termination of service implies that the employee will be put in the same position in which he would have been but for the illegal action taken by the employer. The injury suffered by a person, who is dismissed or removed or is otherwise terminated from service cannot easily be measured in terms of money. With the passing of an order which has the effect of severing the employer-employee relationship, the latter’s source of income gets dried up. Not only the employee concerned, but his entire family suffers grave adversities. They are deprived of the source of sustenance. The children are deprived of nutritious food and all opportunities of education and advancement in life. At times, the family has to borrow from the relatives and other acquaintance to avoid starvation. These sufferings continue till the competent adjudicatory forum decides on the legality of the action taken by the employer. The reinstatement of such an employee, which is preceded by a finding of the competent judicial/quasi-judicial body or court that the action taken by the employer is ultra vires the relevant statutory provisions or the principles of natural justice, entitles the employee to claim full back wages. If the employer wants to deny back wages to the employee or contest his entitlement to get consequential benefits, then it is for him/her to specifically plead and prove that during the intervening period the employee was gainfully employed and was getting the same emoluments. The denial of back wages to an employee, who has suffered due to an illegal act of the employer would amount to indirectly punishing the employee concerned and rewarding the employer by relieving him of the obligation to pay back wages including the emoluments.”
In cases of wrongful termination of service, reinstatement with continuity and back wages is the normal rule.
See the recent verdict given by the Hon'ble Allahabad High Court (2018) 1 UPLBEC 445(Alld.)
Also see (2014) 7 SCC 177
Dear client,
Such subsistabce allowance applicable under suspension not termination. Order in your favour, file contempt for non compliance. If your father cannot appoint lawyer he can appear in person. Court will decide on merit and appeal is maintainable in HC against the order of tribunal.
Firslty, there always been a law as to provide the basic minimum salary to the person to anable his as well as his family livelihood.
Secondly, but, it seems that you didn’t get anything from the department, and also you were not aware about the same.
Thirdly, yes, there is a right for your father to ask for the same lumsum amount of basic minimum salary which they would have given to your father.
Is your father not finding a lawyer to defend him in the appeal?
He may approach the district legal services authority for getting free legal aid and a lawyer at free of cost to fight his case.
Wages are the return paid to the employees for their work done for the organization.
The period of suspension should be treated as duty.
However the pensioner shall not be entitled to any benefits in he form of back wages.
After acquittal your father is entitled for the reinstatement.