Resp Seniors,
I am in search of a Judgement which is given by Industrial COurt pertaining to " Non Filing of Application under Section 33 C 2 is not a criminal Breach"
Details in Compass:
We have terminated around 5 contract workers for indiscpline, their demands were into the Labour Court now. We did not made the Application ind the ID Act even after the action was taken, for the the permission.
Now I am seeking for any judgement which supports my stand for the above matter.
Regards
From India, Ahmadabad
I am in search of a Judgement which is given by Industrial COurt pertaining to " Non Filing of Application under Section 33 C 2 is not a criminal Breach"
Details in Compass:
We have terminated around 5 contract workers for indiscpline, their demands were into the Labour Court now. We did not made the Application ind the ID Act even after the action was taken, for the the permission.
Now I am seeking for any judgement which supports my stand for the above matter.
Regards
From India, Ahmadabad
First of all you should contest that Sec.33(b)(2) (not 33(C)(2)) of the I.D Act is not applicable since the contarct labour are not your workmen, if they are really hired through a contractor. When they are not your workmen, why you need to take permission for termination since they are not workmen concerned in the dispute as of now. here your position is little embarassing since you have terminated their services. In fact, you should not directly terminate their services. Try to advance the above plea.
B.Saikumar
HR & Labour Law advisor
Mumbai
From India, Mumbai
B.Saikumar
HR & Labour Law advisor
Mumbai
From India, Mumbai
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.