| Query-2 : CONTINUITY IN SERVICE CONTINUITY IN SERVICE 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 Re: CONTINUITY IN SERVICE 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 In continuation of above I want to know also : •If court directs in some cases reinstatement “with back wages” and directs also to give other benefits which can be made NOTIONAL by treating the employee as if he has been never discharged from service then what will be the other benefits for the unlawful termination period which can be made NOTIONAL in this case ? • Will it include leave, bonus? • Will it include long service award (though condition of long service award is to render good & satisfactory service) by treating the unlawful termination period as good and satisfactory service?
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