Legal Question in Workers Comp in India

Dear Sir,

I am a railway employee working as a Station Master.During the period from 02/10/2009 to 20/11/2009 (50 days) , I remained in Private Sick fulfilling all prevailing railway rule duly informing all concerned Department Heads in time with valid documents. But, my Department Head not accepting my representation ordered to withhold my Salary for those 50 days and then imposed a penalty of two years' increment cut, Subsequently, I won the case at CAT/ERS and got back my Arrear Salary in October last. When I asked interest for the intervening period of nearly four years, they argue that, it should have been mentioned in the CAT Judgment. Sir, as per Judgment, it is clearly stated that I didn't commit any mistake in the matter and Salary and allowance to be paid within the stipulated period. In this case, why should I lose interest on my Salary which was withheld for the concerned Officer's wantonness and adamancy. When my Salary for the period was held up, I had to borrow money from the moneylenders paying interest. Here, it happended not because I committed any grave mistake that entailed withholding of my Salary but by the diehard attitude of the concerned Officer. So, if I again approach the honourable Court, can I expect a favourable order ? Kindly advise.

Thanking you,

Ajithprasad P K ([email protected])


Asked on 3/19/14, 12:04 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

19.03.2014

Dear P K Ajithprasad,

If you were sick and you have provided the required Medical Certificate from a Registered Medical Practitioner that you are advised rest to your immediate reporting duty Officer copied to your HOD, Personnel & Administration (Salary section), the Court ought to have passed a Judgement inclusive of payment of arrears with interest at the prevailing bank rate. In my opinion, there is a possibility that CAT will grant that you should be compensated for the total interest loss too, so it is worthwhile filing a writ petition with CAT for claiming the interest loss at the prevailing bank overdraft rate.

Regards,

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Answered on 3/19/14, 1:51 am


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