Hi all, One of my clients had been removed illegally from the job from a government department after serving there for six years, however, he was on contract.
Now I want to move ahead as per the industrial disputes act for his reinstatement. Can you provide me the details and required proforma of demand notice.
From India, Rohtak
Now I want to move ahead as per the industrial disputes act for his reinstatement. Can you provide me the details and required proforma of demand notice.
From India, Rohtak
Hi Arjun,
I think it might be good if you have this discussed in person with a senior lawyer, because a lot of specific details would be required here. For a start, the terms of the contract your client had been employed under and under what circumstances the removal from services had occurred. What are the reasons to consider this removal as illegal? Are these reasons defined as such in line with the exception under the industrial disputes act or the contract labour laws etc?. Is the demand letter for only reinstatement of services or is there any compensation demand as well?
A lot more details would have to be considered, because once the demand letter is sent and if it is not heeded, the next step would be to proceed on a lawsuit for which the copy of the demand letter would have to be produced in court and as per the content in it, the course of the case can be altered, if you are not careful.
From India, Bengaluru
61I think it might be good if you have this discussed in person with a senior lawyer, because a lot of specific details would be required here. For a start, the terms of the contract your client had been employed under and under what circumstances the removal from services had occurred. What are the reasons to consider this removal as illegal? Are these reasons defined as such in line with the exception under the industrial disputes act or the contract labour laws etc?. Is the demand letter for only reinstatement of services or is there any compensation demand as well?
A lot more details would have to be considered, because once the demand letter is sent and if it is not heeded, the next step would be to proceed on a lawsuit for which the copy of the demand letter would have to be produced in court and as per the content in it, the course of the case can be altered, if you are not careful.
From India, Bengaluru
thanks sir for providing the valuable suggestion, i will definitely consult with one senior lawyer but before consultation i want to prepare the case/matter.
i will be highly obliged if you or any other exper here can provide me a format of demand notice & claim statement under the provisions of the ID Act.
Thanks again
From India, Rohtak
i will be highly obliged if you or any other exper here can provide me a format of demand notice & claim statement under the provisions of the ID Act.
Thanks again
From India, Rohtak
Dear Arjun,
If a person employed in a Government Department discharging sovereign functions of the State is removed/terminated from service whether it is contractual/ temporary/contingent basis, he cannot seek remedy under the Industrial Disputes Act,1947. In case of the termination being against the rules, the person has to prefer an appeal to the higher authority only and in case of the appeal being rejected, he has to move the High Court under Article 226 for appropriate relief under its Writ Jurisdiction only.
From India, Salem
If a person employed in a Government Department discharging sovereign functions of the State is removed/terminated from service whether it is contractual/ temporary/contingent basis, he cannot seek remedy under the Industrial Disputes Act,1947. In case of the termination being against the rules, the person has to prefer an appeal to the higher authority only and in case of the appeal being rejected, he has to move the High Court under Article 226 for appropriate relief under its Writ Jurisdiction only.
From India, Salem
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