sir i was working in a public sector under taking on term basis from year 2000 to 2004. we were total 600 employees. before the completion of our term we had already filed our case with labour court and high court for regularisation, and the case was pending. but on 31st december 2004 we 600 employees were removed by the company. since the case was pending the company decided to change the term of employeement and interviewed all of us and took us on purely contract basis. but unfortunately i was dropped and my name was missing from the list of selected candidates. i approached various senior management of company to consider me but they strictly denied for no fault of mine. but assured me that in future whenever vacancy arises i will be called back moreover since my name is in the list of case in labour court and high court you will be considered for regular appointment when high court order comes, believing them i waited for the high court order and ultimately when the high court order came, i was shown to the court as being terminated. i was shocked to see.
kindly tell me what shall i do for getting justification. can i get justice as the delay has been caused due to wrong direction given to me by the management.
kindly direct me as what steps or way forward for a justification.
sunil
From India, New Delhi
kindly tell me what shall i do for getting justification. can i get justice as the delay has been caused due to wrong direction given to me by the management.
kindly direct me as what steps or way forward for a justification.
sunil
From India, New Delhi
Dear Sunil,
First of all, During the case running at court related to any dispute, till judgement of court company can not be terminate or take any action against those employes'.
Secondly, what is judgement or order is passed by High court..? is it in your behalf or company..?
If your saying that, your name is omitted by company from list, then, its their fault & they have provide you the same opportunity as long as they provided to others.
Regards,
Tushar Swar
From India, Mumbai
206First of all, During the case running at court related to any dispute, till judgement of court company can not be terminate or take any action against those employes'.
Secondly, what is judgement or order is passed by High court..? is it in your behalf or company..?
If your saying that, your name is omitted by company from list, then, its their fault & they have provide you the same opportunity as long as they provided to others.
Regards,
Tushar Swar
From India, Mumbai
sir ,
The judgement given by high court is in our favour but the only fault i have done is that when i was removed during year 2005 and when all my colleagues were taken on contract and our case was going on in labour court and high court in which my name is there with all the employees.
I did not went to labour court or high court to raise a complaint or filed a separate case agasint this injustice of removing me. i thought that since my name is there in the list of case along with original lsit of 600 emploeyes they will definitely call me but when the high court and labour judgement came they have shown to the court that i was termianted. that too after 8 years this judgement has some so i got delayed morever the management also told me when i approached them when i was removed during year 2005 taht as my name is there in the original list you will be considered when the high court judgement will come but the contradictory has occurred.
sir, will the delay will case any restriction on my part since i got delayed if i file the case right now. is there any judgement where court has honoured the delayed filing case kindly help me and direct me as to what will be the right way forward for going ahead forward for getting an appropriate and positive justice in my case of my illegal termination.
sunil
From India, New Delhi
The judgement given by high court is in our favour but the only fault i have done is that when i was removed during year 2005 and when all my colleagues were taken on contract and our case was going on in labour court and high court in which my name is there with all the employees.
I did not went to labour court or high court to raise a complaint or filed a separate case agasint this injustice of removing me. i thought that since my name is there in the list of case along with original lsit of 600 emploeyes they will definitely call me but when the high court and labour judgement came they have shown to the court that i was termianted. that too after 8 years this judgement has some so i got delayed morever the management also told me when i approached them when i was removed during year 2005 taht as my name is there in the original list you will be considered when the high court judgement will come but the contradictory has occurred.
sir, will the delay will case any restriction on my part since i got delayed if i file the case right now. is there any judgement where court has honoured the delayed filing case kindly help me and direct me as to what will be the right way forward for going ahead forward for getting an appropriate and positive justice in my case of my illegal termination.
sunil
From India, New Delhi
Dear Sunil,
As i believe that, still you may file the case. but for more clarity, please take advice from advocate, who is doing the practice in labour matters.
I think he may the correct person, who can help you out for further action
Regards,
Tushar Swar
From India, Mumbai
As i believe that, still you may file the case. but for more clarity, please take advice from advocate, who is doing the practice in labour matters.
I think he may the correct person, who can help you out for further action
Regards,
Tushar Swar
From India, Mumbai
sir, you being a HR expert what is your opinon from the legal point of view . if i file a case in labour court , can i hope for a positive justice. what is your opinion. sunil
From India, New Delhi
From India, New Delhi
sir,
you being an HR expert , you might have dealt with such case as mine many times in past related to delay in filing case in labour court . is there any chance of getting rejected by labour court due to delaying in filing . what is your opinion/ suggestion/direction.
expecting your valuable feedback pl.
sunil
From India, New Delhi
you being an HR expert , you might have dealt with such case as mine many times in past related to delay in filing case in labour court . is there any chance of getting rejected by labour court due to delaying in filing . what is your opinion/ suggestion/direction.
expecting your valuable feedback pl.
sunil
From India, New Delhi
Dear Sunil,
Your description of the facts of the case is not clear. Therefore, pl clarify the following:
(1) Had all the 600 people been employed on fixed term basis and a dispute was pending before the Tribunal about that, how the matter went to the High Court?
(2) When the management terminated the service of all the workmen on 31-12-2014, where the case was pending - before the Tribunal? or the High Court?
(3) What do you mean by " the contradictory has occurred "? Whether the High Court judgment was in favour of the management?
From India, Salem
Your description of the facts of the case is not clear. Therefore, pl clarify the following:
(1) Had all the 600 people been employed on fixed term basis and a dispute was pending before the Tribunal about that, how the matter went to the High Court?
(2) When the management terminated the service of all the workmen on 31-12-2014, where the case was pending - before the Tribunal? or the High Court?
(3) What do you mean by " the contradictory has occurred "? Whether the High Court judgment was in favour of the management?
From India, Salem
Sir,
yes the whole 600 employees were employed on fixed term basis and a dispute was pending before the tribunal . after we won the case in labour court the company went to high court and there also we employees won the case .
yes when the management terminated the service of all the workmen on 31/04/2014 the case was pending before the tribunal .
contradictory has occured means after all the 600 employees were removed and our case was pending before the tribunal the management decided to chagne the terms of our employees by employing purely on contract for that they reinterviewed all of us including me . but unfortunately when the final list was out my name was missing so i approached the management they did not listened to me but promised that they will call me in future besdes as my name is in the case list so i will be considered when the high court order comes but when the high court came they showed to the cout that i was terminated which the court accepted it without studying my case deeply as there was no one who could represent me. In the high court the case came in the favour of employees.
regards
From India, New Delhi
yes the whole 600 employees were employed on fixed term basis and a dispute was pending before the tribunal . after we won the case in labour court the company went to high court and there also we employees won the case .
yes when the management terminated the service of all the workmen on 31/04/2014 the case was pending before the tribunal .
contradictory has occured means after all the 600 employees were removed and our case was pending before the tribunal the management decided to chagne the terms of our employees by employing purely on contract for that they reinterviewed all of us including me . but unfortunately when the final list was out my name was missing so i approached the management they did not listened to me but promised that they will call me in future besdes as my name is in the case list so i will be considered when the high court order comes but when the high court came they showed to the cout that i was terminated which the court accepted it without studying my case deeply as there was no one who could represent me. In the high court the case came in the favour of employees.
regards
From India, New Delhi
Sir,
yes the whole 600 employees were employed on fixed term basis and a dispute was pending before the tribunal . after we won the case in labour court the company went to high court and there also we employees won the case .
yes when the management terminated the service of all the woekmen on 31/04/2014 the case was pending before the tribunal .
contradictory has occured means after all the 600 employees were removed and our case was pending before the tribunal the management decided to change the terms of our employment by employing purely on contract for that they reinterviewed all of us including me . but unfortunately when the final list was out my name was missing so i approached the management they did not listened to me but promised that they will call me in future besdes as my name is in the case list so i will be considered when the high court order comes but when the high court came they showed to the cout that i was terminated which the court accepted it without studying my case deeply as there was no one who could represent me. In the high court the case came in the favour of employees.
regards
From India, New Delhi
yes the whole 600 employees were employed on fixed term basis and a dispute was pending before the tribunal . after we won the case in labour court the company went to high court and there also we employees won the case .
yes when the management terminated the service of all the woekmen on 31/04/2014 the case was pending before the tribunal .
contradictory has occured means after all the 600 employees were removed and our case was pending before the tribunal the management decided to change the terms of our employment by employing purely on contract for that they reinterviewed all of us including me . but unfortunately when the final list was out my name was missing so i approached the management they did not listened to me but promised that they will call me in future besdes as my name is in the case list so i will be considered when the high court order comes but when the high court came they showed to the cout that i was terminated which the court accepted it without studying my case deeply as there was no one who could represent me. In the high court the case came in the favour of employees.
regards
From India, New Delhi
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