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HIGH COURT OF UTTARAKHAND
RAMESH CHANDRA SHARMA – Appellant
Versus
UTTARAKHAND TRANSPORT CORPORATION (UTC) – Respondent
JUDGMENT :
Subhash Upadhyay, J.
1. As both the Writ Petitions involve similar question of facts and law hence, the same are being decided by this common Judgment.
2. The petitioner in WPSS No.11/2017, Ramesh Chandra Sharma died during the pendency of the writ petition and has been substituted by his wife Smt. Vijay Lakshmi. The petitioners have filed the writ petitions claiming gratuity for the entire length of service and have further claimed benefit of Assured Career Progression (ACP) on completion of 26 years of service. Petitioner Ramesh Chandra Sharma was appointed as driver in the U.P. State Road Transport Corporation on 07.12.1986 and his services were terminated vide order dated 28.12.1991.
3. Petitioner in WPPS No.13/2017, Suresh Chand was appointed as Conductor in U.P. State Road Transport Corporation on 31.01.1980 and his services were also terminated vide order dated 28.12.1991.
4. The said order of termination was challenged by the petitioners before the learned Labour Court, Haldwani, District Nainital and the learned Labour Court vide order dated 30.06.1999 allowed the said claim petition and passed an order of reinstatement of the petitioners with continuity of service a
Employees reinstated with continuity in service are entitled to gratuity for the entire duration of employment, including the period post-termination, as per statutory provisions.
Reinstated employees are entitled to gratuity for the entire period of service, including any intervening employment, recognizing continuity of service as affirmed by judicial precedents.
Wrongful termination without employee fault, later quashed, entitles full back wages for absence period and ACP increments with service continuity, rejecting 'no work no pay' where employee willing b....
The main legal point established is that entitlement to gratuity under the Payment of Gratuity Act, 1972 is contingent upon fulfilling the statutory requirement of continuous service of 240 days per ....
In cases of wrongful termination, reinstatement with back wages is the normal rule unless the employer proves the employee was gainfully employed during the termination period.
Reinstatement of employees following wrongful termination entitles them to full back wages and benefits from the date of original appointment, barring employer proof of alternative employment.
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