Q: I’ve been working in the accounts department of a public limited company for the past 12 years. About two years ago the management chargesheeted me alleging mismanagement of the company’s funds. I was suspended. An internal enquiry found me guilty although there was no evidence. Agreeing with the report, the disciplinary authority terminated my service. In November 2010, the Industrial Tribunal ordered my reinstatement with full back wages. In December 2010, the company challenged the award by way of a writ petition before Calcutta High Court, which is pending but there is no stay order. The company has not allowed me to resume work nor has it paid my back wages. It is still paying only the suspension allowance. I am suffering extreme financial hardship. Do I have a remedy in law?
Samir Sarkar
A: Since there is no stay of the tribunal’s award, you could make an application to the appropriate government under Section 33C of the Industrial Disputes Act, 1947, for recovery of back wages. If the government is satisfied, it shall issue a certificate for the concerned amount to the collector who shall recover the same from your employer in the same manner as an arrear of land revenue and shall give the money to you. You can also consider making an application under Section 29 of the said act, which provides for penalty for breach of an award binding on the parties. In any event, as per Section 17B of the said act, for the entire period of pendency of the writ petition in the high court, you are entitled to full wages as last drawn by you, including any maintenance allowance payable to you, provided you have not been employed in any other establishment during that period and you affirm an affidavit to such effect in the writ proceeding pending before the high court. As such, you should apply to the high court under Section 17B of the act for a direction to your employer to pay you full wages at the rate last drawn by you for the period subsequent to filing of the writ petition. If the company does not allow you to resume work, not much can be done, but you should be happy if you receive full wages.
Send your letters to Inlaw at The Telegraph,
Jobs Desk, 6 Prafulla Sarkar Street,
Calcutta 700001;
or fax at 225 3142;
or send e-mails to jobs@abpmail.com.
