v_khadse
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
saiseven
54

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
v_khadse
Dear Sir,
I thank you for your address.
Here we the Principle Emplyr are made the party by the unoin, and the workers were terminated by their respective contrator only, I regret I didn't mention this.

From India, Ahmadabad
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