I was terminated illegally, and my full and final settlement has not been made yet. Not following the principles of natural justice, no disciplinary action was taken for any misconduct. My service duration is only 3.5 months, but I was a confirmed employee and not on probation. I have filed a complaint with the labour commissioner's office.
There have been a total of 5 hearings held, but no one from the company's management attended any of them. The Labour officer provided me with a closure report and directed me to pursue the matter in the labour court, as their role is now complete.
I am considering filing a case in the labour court given that my period of employment was only 3.5 months. However, the company sent me a termination email after 6 months, which was 1 month prior to lockdown, followed by 5 months of lockdown.
I seek guidance on how to proceed in this situation.
From India, Mumbai
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There have been a total of 5 hearings held, but no one from the company's management attended any of them. The Labour officer provided me with a closure report and directed me to pursue the matter in the labour court, as their role is now complete.
I am considering filing a case in the labour court given that my period of employment was only 3.5 months. However, the company sent me a termination email after 6 months, which was 1 month prior to lockdown, followed by 5 months of lockdown.
I seek guidance on how to proceed in this situation.
From India, Mumbai
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Dear Mahesh Viswakarma,
Now, you need to request the Labour Department in Secretariat to refer your matter to the Labour Court/Tribunal based on the closure notice sent by the Conciliation Officer. The government may not send a reference to the Labour Court/Industrial Tribunal unless it is pursued.
This will not be an easy task to pursue by yourself. For better results, consult a good lawyer from the Labour Court/Tribunal to assist you with the matter. The lawyer knows how to proceed in the case because lawyers have contacts and connections in the Department of Labour.
8093097934
From India, Mumbai
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716Now, you need to request the Labour Department in Secretariat to refer your matter to the Labour Court/Tribunal based on the closure notice sent by the Conciliation Officer. The government may not send a reference to the Labour Court/Industrial Tribunal unless it is pursued.
This will not be an easy task to pursue by yourself. For better results, consult a good lawyer from the Labour Court/Tribunal to assist you with the matter. The lawyer knows how to proceed in the case because lawyers have contacts and connections in the Department of Labour.
8093097934
From India, Mumbai
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Frankly, going to court for anything in India is a long-drawn and expensive affair.
The question is, are you capable of fighting the case? Or is the local union willing to support you.
If you win the case, what are you expecting? Are you going to be able to join back to the company? (We do not know about the size, nature of business, location, whether factory, or office, and why the services were terminated).
In general, anyone going to court against the employer will also find it difficult to get another job because the HR department in the places you apply will not want you on account of you being considered a "troublemaker."
Considering that the country was in a lockdown for 5 months, they do have an excuse for not giving you the termination letter on time (the office was probably closed, or operating with a skeletal staff) and the lockdown may itself be a ground for retrenchment. You have only a few months of work there and the retrenchment compensation will also not be high. Considering that retrenchment is recommended on a Last In, First Out (LIFO) basis, you are probably the one they are authorized to remove.
If after all this, your lawyer is sure you will get reinstated (with back wages), then by all means, you have the right to take this to court.
From India, Mumbai
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The question is, are you capable of fighting the case? Or is the local union willing to support you.
If you win the case, what are you expecting? Are you going to be able to join back to the company? (We do not know about the size, nature of business, location, whether factory, or office, and why the services were terminated).
In general, anyone going to court against the employer will also find it difficult to get another job because the HR department in the places you apply will not want you on account of you being considered a "troublemaker."
Considering that the country was in a lockdown for 5 months, they do have an excuse for not giving you the termination letter on time (the office was probably closed, or operating with a skeletal staff) and the lockdown may itself be a ground for retrenchment. You have only a few months of work there and the retrenchment compensation will also not be high. Considering that retrenchment is recommended on a Last In, First Out (LIFO) basis, you are probably the one they are authorized to remove.
If after all this, your lawyer is sure you will get reinstated (with back wages), then by all means, you have the right to take this to court.
From India, Mumbai
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