Dear sir, I work in a private limited cotton spinning mills in Maharashtra state, from the beginning of the first plant. I have got an appointment letter in 2008, as a maint. Manager. Since then I am uninterested in the services.
I served the owners which resulted in the expansion of plant no.2.
However, I got an accident while on duty, and I underwent bone fractures and neurosurgery.
I don't remember those three months as I got brain hemorrhage. I fell down in 14 feet deep RCC trench.
However, after getting neurosurgery, I got certified by a concerned doctor and resumed duties in June 2016.
After joining I worked sincerely and saved crores of rupees of the employer.
Also, I looked after the safety of others and resolving the problems aroused in my life.
However, the organization is owned by a joint family and even chairman saheb accepts my work done.
However, one of the youngster owner asks me to work for more than the duty hours ( @12 hrs.), and asks me to physically do the job.
Sir, I am a 35 years experienced person, and 55 yrs.old.Also, I got a severe accident while I was on duty after completion of duty hours. Hence I resisted him to work for more than duty hours and to stand up physically for total working hours.
Then he asked his uncle i.e. our chairman, and Hon.chairman has asked me orally to resume duties after he calls me back. For 8 days I am not going to duty.
However, it is learned from other sources that the management is thinking of appointing another manager.
Sir, I work as a manager in a 500 workers establishment, and not a union member.
Also, I have not got any termination order. Only I was warned two times for misbehavior in speaking after I talked with the young owner, that too after the accident.
Please suggest me the solution. I am sending leave applications through email after I asked not to resume.
Also please go through the e-mail sent to my owners. Kindly suggest to me quickly.
From India, Amravati
I served the owners which resulted in the expansion of plant no.2.
However, I got an accident while on duty, and I underwent bone fractures and neurosurgery.
I don't remember those three months as I got brain hemorrhage. I fell down in 14 feet deep RCC trench.
However, after getting neurosurgery, I got certified by a concerned doctor and resumed duties in June 2016.
After joining I worked sincerely and saved crores of rupees of the employer.
Also, I looked after the safety of others and resolving the problems aroused in my life.
However, the organization is owned by a joint family and even chairman saheb accepts my work done.
However, one of the youngster owner asks me to work for more than the duty hours ( @12 hrs.), and asks me to physically do the job.
Sir, I am a 35 years experienced person, and 55 yrs.old.Also, I got a severe accident while I was on duty after completion of duty hours. Hence I resisted him to work for more than duty hours and to stand up physically for total working hours.
Then he asked his uncle i.e. our chairman, and Hon.chairman has asked me orally to resume duties after he calls me back. For 8 days I am not going to duty.
However, it is learned from other sources that the management is thinking of appointing another manager.
Sir, I work as a manager in a 500 workers establishment, and not a union member.
Also, I have not got any termination order. Only I was warned two times for misbehavior in speaking after I talked with the young owner, that too after the accident.
Please suggest me the solution. I am sending leave applications through email after I asked not to resume.
Also please go through the e-mail sent to my owners. Kindly suggest to me quickly.
From India, Amravati
Dear Suhas,
Well gentleman, at 55 you have already crossed prime of your career. What you get after 55 is only the bonus. Therefore, if your employers wanted to quit the employment then be as it may. No need to take physical and mental strain of 12 hours duty. As such you have skills or expertise in your field then you may approach some other employers and take up job of 8-hour duty.
Many times accidents give twist to the life. It is turning event in your life too. Even if you wish to take on your employer then please note that positions are evenly balanced. Possibly you might have responsibility toward children's higher education or their marriage, however, one has to strike balance.
Thanks,
Dinesh Divekar
From India, Bangalore
7884Well gentleman, at 55 you have already crossed prime of your career. What you get after 55 is only the bonus. Therefore, if your employers wanted to quit the employment then be as it may. No need to take physical and mental strain of 12 hours duty. As such you have skills or expertise in your field then you may approach some other employers and take up job of 8-hour duty.
Many times accidents give twist to the life. It is turning event in your life too. Even if you wish to take on your employer then please note that positions are evenly balanced. Possibly you might have responsibility toward children's higher education or their marriage, however, one has to strike balance.
Thanks,
Dinesh Divekar
From India, Bangalore
Sir, I got the unswer for my problem, however please think of my work done.
Also pease note that I have made up my image as a teacher in this organisation,and given teaining to my subordinates.The machines of both plants are entirely known to me.
If I leave the existing job, abd join elsewhere,I have to exercise the same at this age,and it is not possible.
I love machines than human being, and always take care of my mother machines.
I don't want to quit the existing job.Please suggest me that can any employer of pvt.ltd.organisation terminate his sincere employee without any notice immediately, thaat too orally?
Is there any factories act (latest amended in M.S.) in favour of employer to terminate as above?
Isn't there any amended law in favour of the employee?
If it is so, I am prepared to fight the owners in labour court.
suhas1962,
From India, Amravati
Also pease note that I have made up my image as a teacher in this organisation,and given teaining to my subordinates.The machines of both plants are entirely known to me.
If I leave the existing job, abd join elsewhere,I have to exercise the same at this age,and it is not possible.
I love machines than human being, and always take care of my mother machines.
I don't want to quit the existing job.Please suggest me that can any employer of pvt.ltd.organisation terminate his sincere employee without any notice immediately, thaat too orally?
Is there any factories act (latest amended in M.S.) in favour of employer to terminate as above?
Isn't there any amended law in favour of the employee?
If it is so, I am prepared to fight the owners in labour court.
suhas1962,
From India, Amravati
What is your Present Designation? Present Salary? You have stated that you are working as a "Manager" Managing 500 Employees.you are not a "Workman" a sper section 2(S) of industrial Disputes Act, 1947.your job is worth the Notice period as mentioned in your Appointment Letter.
From India, New Delhi
From India, New Delhi
Dear sir,
I work as a manager maintenance in a cotton spinning mills. I am a founder employee of the first plant and later on I participated in comissioning of second plant. Since eight years i.e.from beginning of the private limited company I posses this position and participated major for uplifting of profit, there by growing the spindle capacity. I work in a 500 workers pvt.ltd.organisation and not a union member.
However while comissioning of second plant I fell down in a RCC trench and got serious injury, and I undergone neurosurgery and bone fracture last year.
After certified fitness by concerned doctors I resumed original job in June 2016, and saved crores of rupees which were wasted in my absence during injury.
I am 54 years old and posses 35 years experience. I contributed this concern to grew up like a banyan tree.
However the young owner is not
in favour of me and asking me to work for @12 hrs,and that too in standing position.I resisted it .
Then he asked his uncle(chairman saheb) to block me. He is in favour of me however orally he told me not to join duties till he calls me back. Hence I am at home since 15 days.
Please suggest me
1) Can a pvt.ltd.organisation expell any of his pioneer managerial staff who got injured while on duty?
2)Is there any law that protects an employee who was a pioneer and seriously injured while on duty?
3) Can he get gratuity if he is working since 8 years and getting CTC,( Gratuity is not mentioned in my appointment letter,only bonus,earned leave ,PF contribution by employer are mentioned in it) and terminated.
4) Can an employee resume his duties if he didn't get termination letter?
5) Can a managerial staff become a union member and get its aid?
Kindly suggest me as early as possible.I don't want to leave existing job as I treat the machines and my subordinates like my children.
From India, Amravati
I work as a manager maintenance in a cotton spinning mills. I am a founder employee of the first plant and later on I participated in comissioning of second plant. Since eight years i.e.from beginning of the private limited company I posses this position and participated major for uplifting of profit, there by growing the spindle capacity. I work in a 500 workers pvt.ltd.organisation and not a union member.
However while comissioning of second plant I fell down in a RCC trench and got serious injury, and I undergone neurosurgery and bone fracture last year.
After certified fitness by concerned doctors I resumed original job in June 2016, and saved crores of rupees which were wasted in my absence during injury.
I am 54 years old and posses 35 years experience. I contributed this concern to grew up like a banyan tree.
However the young owner is not
in favour of me and asking me to work for @12 hrs,and that too in standing position.I resisted it .
Then he asked his uncle(chairman saheb) to block me. He is in favour of me however orally he told me not to join duties till he calls me back. Hence I am at home since 15 days.
Please suggest me
1) Can a pvt.ltd.organisation expell any of his pioneer managerial staff who got injured while on duty?
2)Is there any law that protects an employee who was a pioneer and seriously injured while on duty?
3) Can he get gratuity if he is working since 8 years and getting CTC,( Gratuity is not mentioned in my appointment letter,only bonus,earned leave ,PF contribution by employer are mentioned in it) and terminated.
4) Can an employee resume his duties if he didn't get termination letter?
5) Can a managerial staff become a union member and get its aid?
Kindly suggest me as early as possible.I don't want to leave existing job as I treat the machines and my subordinates like my children.
From India, Amravati
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