Sir, as requested below is the detail of the award of the tribunal and high court
The tribunal in its award directed the corporation to take all the term based employees on regular basis on priority basis before recruting from open market . but the high court modified the award of the tribunal slightly by stating that off course these term base employees are eligible for regular appointment since they were appointed after following all the recruitment procedures like regular appointment and also against the 840 regular permanent vacancies, only thing is that they were taken on term basis .
So high court modified the award by saying that permanently restraining the respondent(corporation) from recruiting or making any appointment from the open market to any Class III and Class IV post till all the term based employees cannot be granted.
The concerned workmen involved in these cases are not required to undergo any more recruitment examinations since they have been appointed after following necessary procedure and are working with the corporation since then.
The respondent Corporation shall treat the concerned workmen on regular employment with effect from 24.1.2005 or the date of first reissuance of appointment order as the case may be.
The direction of the Tribunal not to import recruitment from open market inviting fresh applications for the regular posts unless term appointees are given regular appointments of Class III and IV posts is quashed and set aside
It shall be open to the respondent Corporation to initiate action for recruitment for remaining vacancies, if any, after absorption of concerned workmen from open market.
From India, New Delhi
The tribunal in its award directed the corporation to take all the term based employees on regular basis on priority basis before recruting from open market . but the high court modified the award of the tribunal slightly by stating that off course these term base employees are eligible for regular appointment since they were appointed after following all the recruitment procedures like regular appointment and also against the 840 regular permanent vacancies, only thing is that they were taken on term basis .
So high court modified the award by saying that permanently restraining the respondent(corporation) from recruiting or making any appointment from the open market to any Class III and Class IV post till all the term based employees cannot be granted.
The concerned workmen involved in these cases are not required to undergo any more recruitment examinations since they have been appointed after following necessary procedure and are working with the corporation since then.
The respondent Corporation shall treat the concerned workmen on regular employment with effect from 24.1.2005 or the date of first reissuance of appointment order as the case may be.
The direction of the Tribunal not to import recruitment from open market inviting fresh applications for the regular posts unless term appointees are given regular appointments of Class III and IV posts is quashed and set aside
It shall be open to the respondent Corporation to initiate action for recruitment for remaining vacancies, if any, after absorption of concerned workmen from open market.
From India, New Delhi
Sir,
is there any time limit for filing case case in labour court .
there is a case which the supreme court has given its verdict dated december 2010 telling,delay is not a basis for rejecting any case by labour court of high court it should go into the merit of the case and provide justice to the labour that is the victim. below is the portion of the verdict.
is this verdict still valid as on today so that i can submit it to the court if it says that i am delayed
No time limit for reference of disputes to labour court
No time limit for reference of disputes to labour court The Industrial Disputes Act does not prescribe any time limit for referring a dispute to the labour court, the Supreme Court has stated in its judgment, Kuldeep Singh vs Instrument Design Development Centre. In this case, the employee was terminated without notice or compensation. He moved the Haryana government which referred the dispute to the labour court. It dismissed the worker's petition on the ground that he moved the government nearly six years after the termination. The high court also held the same view. But when he appealed to the Supreme Court it took a favourable view. It said that the Act allowed the government to refer the dispute at any time. The real test is whether a dispute existed and not when it is made. When the state government is satisfied that there is a dispute, the labour court should consider it on merits. In this case, the labourer was representing his case before various authorities in the time between the termination and the reference to the labour court.
Sunil
From India, New Delhi
is there any time limit for filing case case in labour court .
there is a case which the supreme court has given its verdict dated december 2010 telling,delay is not a basis for rejecting any case by labour court of high court it should go into the merit of the case and provide justice to the labour that is the victim. below is the portion of the verdict.
is this verdict still valid as on today so that i can submit it to the court if it says that i am delayed
No time limit for reference of disputes to labour court
No time limit for reference of disputes to labour court The Industrial Disputes Act does not prescribe any time limit for referring a dispute to the labour court, the Supreme Court has stated in its judgment, Kuldeep Singh vs Instrument Design Development Centre. In this case, the employee was terminated without notice or compensation. He moved the Haryana government which referred the dispute to the labour court. It dismissed the worker's petition on the ground that he moved the government nearly six years after the termination. The high court also held the same view. But when he appealed to the Supreme Court it took a favourable view. It said that the Act allowed the government to refer the dispute at any time. The real test is whether a dispute existed and not when it is made. When the state government is satisfied that there is a dispute, the labour court should consider it on merits. In this case, the labourer was representing his case before various authorities in the time between the termination and the reference to the labour court.
Sunil
From India, New Delhi
Dear Sunil,
Sorry for my extremely inordinate delay. As I told you over phone, still I am of the opinion that you can approach the High Court again for the matter was already decided by the Court in your favour and the exercise of recruitment process by the management and its failure to include your name in the selection list all become in fructuous as of now. Better consult a senior counsel well-versed in labour and writ matters.
From India, Salem
6018Sorry for my extremely inordinate delay. As I told you over phone, still I am of the opinion that you can approach the High Court again for the matter was already decided by the Court in your favour and the exercise of recruitment process by the management and its failure to include your name in the selection list all become in fructuous as of now. Better consult a senior counsel well-versed in labour and writ matters.
From India, Salem
Dear Seniors, Can a Joint Sector Housing Co. with West Bengal Housing Board, terminate employee after completion of continuous two years of service. Thanks, partha
attribution https://www.citehr.com/485211-advoca...#ixzz2wP5uhxtl
From India, Kolkata
attribution https://www.citehr.com/485211-advoca...#ixzz2wP5uhxtl
From India, Kolkata
sir are you there I am to ask some doubt about my case already discussed with you pl find attached here with the high court order regarding reinstatement of 577 employees
From India, New Delhi
From India, New Delhi
Sir
Can an employer conduct inquiry of employee without issuing show cause notice / charge sheet / memo.
What is the procedure as per organisation for conducting an inquiry.
Can he be terminated without conducting a proper inquiry or after conducting an informal inquiry or without issuing a termination letter.
kindly help
sunil
From India, New Delhi
Can an employer conduct inquiry of employee without issuing show cause notice / charge sheet / memo.
What is the procedure as per organisation for conducting an inquiry.
Can he be terminated without conducting a proper inquiry or after conducting an informal inquiry or without issuing a termination letter.
kindly help
sunil
From India, New Delhi
1. Enquiry cannot be conducted within issuance of show cause or charge sheet and only on the basis of certain charges as enumerated in the charge sheet/ show cause an enquiry is initiated.
2. In enquiry both parties appear and submit their documents and list of witness. Both the parties give their evidence and they are cross examined. For more details you can contact a labour law advocate who will be able to guide you step by step.
3. Enquiry without following principle of natural justice is generally vitiated. Before terminating an employee on misconduct, enquiry is essential. Termination can be either in writing or verbal.
Check my blog at www.labourlawhub.com
From India, Kolkata
2. In enquiry both parties appear and submit their documents and list of witness. Both the parties give their evidence and they are cross examined. For more details you can contact a labour law advocate who will be able to guide you step by step.
3. Enquiry without following principle of natural justice is generally vitiated. Before terminating an employee on misconduct, enquiry is essential. Termination can be either in writing or verbal.
Check my blog at www.labourlawhub.com
From India, Kolkata
Sir you told that termination can be either in writing or verbal. But verbally how any employer can terminate an employee . .If he is recruited through public advertisement and he has been recruited and selected as per an organisation recruitment and selection procedure and as per principles laid down under article 14, 16 and 309. This is against principle of natural justice.Termination should be in writing if at all the conduct is very henious .
Actually I am a victim of similar case as explained above . I was recruited vide public advertisement as per above explanation.
From India, New Delhi
Actually I am a victim of similar case as explained above . I was recruited vide public advertisement as per above explanation.
From India, New Delhi
Appointment as well as termination or any activity of a company should be in writing. However, if a company terminates your service verbally i.e. if you are just told that "your service is no longer required" or "don't come from tomorrow" then also it amounts to termination. Termination, whether in writing or oral, if bad in law, can be challenged before the court.
Check my blog at www.labourlawhub.com
From India, Kolkata
Check my blog at www.labourlawhub.com
From India, Kolkata
Sir,
But verbal termination as you told like "if you are just told that "your service is no longer required" or "don't come from tomorrow" then also it amounts to termination"
I think this type of termination is not valid for employees in a public sector oil companies.
This type of termination is valid for purely contract employees or third party contract employees. For employees like me as told earlier above who has been employed through public advertisement and selected and recruited as per principles / policy of an organisation and as per principles of article 14,16 and 309 of constitution of India and the organisation providing all the facilities at PAR with regular employees , medical facilities to self and family , the employees worked for 4.5 years . I think in my opinion this type of verbal termination is not valid and irrelevant, illogical this type of recruitment.
From India, New Delhi
But verbal termination as you told like "if you are just told that "your service is no longer required" or "don't come from tomorrow" then also it amounts to termination"
I think this type of termination is not valid for employees in a public sector oil companies.
This type of termination is valid for purely contract employees or third party contract employees. For employees like me as told earlier above who has been employed through public advertisement and selected and recruited as per principles / policy of an organisation and as per principles of article 14,16 and 309 of constitution of India and the organisation providing all the facilities at PAR with regular employees , medical facilities to self and family , the employees worked for 4.5 years . I think in my opinion this type of verbal termination is not valid and irrelevant, illogical this type of recruitment.
From India, New Delhi
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Enforcement of negative covenants in employment terms.pdf