• 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 2 years ago in Labour from Hyderabad, Andhra Pradesh
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?
H. S. Thukral
Advocate, New Delhi
516 Answers
125 Consultations
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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.
H. S. Thukral
Advocate, New Delhi
516 Answers
125 Consultations
5.0 on 5.0
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.
H. S. Thukral
Advocate, New Delhi
516 Answers
125 Consultations
5.0 on 5.0

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