| Labour Court directed to reinstate a dismissed employee "without back wages" but "with continuity in service". Reinstatement order came after 7 years from the date of dismissal. Whether this employee is eligible for getting increments of the 7 years? Or whether his salary is to be drawn with the same basic pay he was drawing at the time of dismissal? KCS Kutty, Chennai Dear Mr.KCS Kutty, 1.the diction of the Court for reinstatement with “ continuity of service” normally confers the following benefits viz. a. Grant of annual increment in the Time-Scale subject to normal Rule of Increment b. Reckoning of service towards Pension, Gratuity and terminal benefits except accrual of annual leave form the date of unlawful termination up to the date of reinstatement. 2.Since the Order of Reinstatement is no relief of payment of back wages, though increments are notionally granted , there would not be any payment to the employee till the date of reinstatement. A.Irudayam, M.A., M.B.A., LL.B. Advocate and HR Consultant +919940686632
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