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  • Category: Requests

    Seeking clarification regarding 'Ask Expert' answer

    Please refer to the following question thread:-

    Reinstatement of job due to false case

    So far this question has been answered by three Members including me. I have gone through all the replies. A reply states that :
    "Yes your husband can demands compensation and his job from his department. The court will decide and give instructions to the employer to reinstatement of job after the court judgement.There are many factors which would weigh in granting back wages like the length of service done by the employee,nature of his appointment the the employee is whether on adhoc, short term, daily wages, temporary or permanent."
    This reply has been approved and given points credit and cash credit by an Editor.

    Another approved reply has talked about 'time scale promotion', etc.

    As per the question, the lady's husband was a Medical Officer appointed on contractual basis. As I have been dealing with contractual workers (along with regular workers), I am extremely curious to know under which provision of Labour Law, a contractual employee is given time scale promotion. I would also like to know under which provision of Labour Law or Law of Contract, compensation and job can be demanded by a contractual worker.

    I humbly request the concerned Editor to kindly give a comprehensive and point-wise reply to enable me to deal with the contractual workers working in our organisation in a proper manner.
  • #606529
    This Forum post has been kept pending. The 'Reason' column has been kept blank. I am very curious to know the answers to the questions raised in this thread.
    Caution: Explosive. Handle with care.

  • #606727
    Mr Partha,
    I suggest you to consult a lawyer to get the best practical answer. Online resources were/are never considered 100% legitimate to follow for some practical usage.

    Regards,
    Sultan.
    Lead Editor - Articles,
    Managing Award Crediting

    If success is 1, then its definite that you're starting from Zero!

  • #606728
    Mr. Hoque: Please understand that a contractual employee doesn't get the benefits which the regular employees demand and get.

    The inaccuracies won't change by ridiculing me.

    Caution: Explosive. Handle with care.

  • #606729
    If that's the fact then you should point it out in the thread itself. Here at ISC, experts as well as Editors are members like you and me which is stated in the T&C or guidelines in the site itself. Just leave a response in the thread itself and the section editors will take care of it. Whenever you see any wrong information in the site please feel free to contact admin. Being anonymous, online information should always be taken with reader's best judgements. You can get an idea searching online for some solution, but to get practically usable information, you need to consult a real expert only.
    Regards,
    Sultan.
    Lead Editor - Articles,
    Managing Award Crediting

    If success is 1, then its definite that you're starting from Zero!

  • #606730
    If that is the case, I humbly suggest to change the title of the Section 'Ask Experts', and re-name it suitably.

    In this particular question, two answers state that if the person is not convicted, he will get all benefits when he re-joins. Both the answers ignored the fact that the person is a contractual medical officer. A contractual person's service automatically gets terminated after the contractual period under normal circumstances. Otherwise, it can be terminated at any time with one month's notice. But the inaccurate answer may give false hope to the person concerned and may cause useless litigation for the department. So, the answers should be factually accurate.

    Caution: Explosive. Handle with care.

  • #606731
    Please refer to the response at #606729. Regarding change of name, let us leave it to the discretion of the admin. This thread is being locked as the query/ suggestion has been addressed. Further discussion on the same subject may not be entertained.
    'Real knowledge is to know the extent of one's ignorance'- Confucius


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