Legal Question in Employment Law in India
One of our IOCL staff employee joined the Corporation in 1979. In 1982 he was discharged from service for alleged misconduct through domestic enquiry. As the enquiry was not with PNJ, ultimately Kolkata High Court ordered re-instatement with full backwages in 1995. Later the above employee claimed for total service benefits for the discharged perior in seperate writ petition before High Court. High Court in its judgement in 2004 ordered IOCL to render incremental benefits and other benefits which can be made NOTIONAL for the above discharged period and directed IOCL to consider the discharged period as THE EMPLOYEE HAS NEVER BEEN DISCHARGED FROM SERVICE. IOCL did not give any other benefits like Leave, Bonus, Incentives, Long servie award etc for above discharged period. Is it a justied decision taken by IOCL or a decision to deprive the above employee? Even the above employee has not been given long service awards though he has completed 25 yrs & 30 yrs in the year 2004 & 2009. IOCL has given reasons for this that condition of long service award is to render GOOD & SATISFACTORY service for the stipulated period. The above discharged period can not be treated as GOOD & SATISFACTORY as the employee didn't render any actual service for the above period. Is it also a justified decision taken by IOCL? What should the above employee do now?
1 Answer from Attorneys
GOOD & SATISFACTORY it must be used in a fair manner. their action must be intelligible differentia and also rational relation to the object. burden of proof lies on IOCL to prove that you are not having GOOD & SATISFACTORY service records.
your court case was already settled. in nowhere it shall not be treated as unsettled. hence risk is with IOCL. please note that if u have not filed any contempt case within one year against iocl for not fully implementing then limitation act will not support you for back wages bonus or monetary benefits.
25 & 30 years claim is separate for this see 1 para.
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