Hi,
This is a case of illegal termination. I challenged it in the local labour officer's office. But I found out that in the second date, labour commissioner refused to interfere and asked me to go to court (and nowhere else). The MNCrepresentative was adamant and said that we are not going to make any settlements, even though we terminated him illegally, and he remained silent abt it.
Also He confirmed twice with me, abt what am I planning to do next, as if he's afraid of me escalating the case.
Can anyone guide me??
From India
2This is a case of illegal termination. I challenged it in the local labour officer's office. But I found out that in the second date, labour commissioner refused to interfere and asked me to go to court (and nowhere else). The MNCrepresentative was adamant and said that we are not going to make any settlements, even though we terminated him illegally, and he remained silent abt it.
Also He confirmed twice with me, abt what am I planning to do next, as if he's afraid of me escalating the case.
Can anyone guide me??
From India
Dear Friend,
If they know that they terminated you illegally they must be checking whether how firm you are on your stance. In my opinion go to labour court. Also it is most likely that the company will settle the matter before you may file the case or soon after filling the case. But most important is that you don't loose hope and stay firm on your ground. Everything will fall in line soon.
From India, New Delhi
If they know that they terminated you illegally they must be checking whether how firm you are on your stance. In my opinion go to labour court. Also it is most likely that the company will settle the matter before you may file the case or soon after filling the case. But most important is that you don't loose hope and stay firm on your ground. Everything will fall in line soon.
From India, New Delhi
Also please let us know the nature of your job i.e. JD so that we are sure that you are a workman as defined in the Industrial Disputes Act.
From India, Delhi
From India, Delhi
In case of Illegal termination, Labour Officer cannot close the case like this; either he has to conciliate and have a settlement between the parties of file a conciliation failure report; in case of failure report, either he has to make a reference to the Labour Court or give reasons for not doing so. In case of termination, the person concerned can also go to Labour Court direct which he cannot do in case of other individual disputes.
Now to determine the strength of the case, we have to know your JD and reason for termination, status of current employment: probation, permanent, temporary, etc, and also period of employment; your contract of employment; i.e. terms of employment and nature of business/establishment to know whether it is factory or commercial establishment; only then we can advise you further.
From India, Delhi
Now to determine the strength of the case, we have to know your JD and reason for termination, status of current employment: probation, permanent, temporary, etc, and also period of employment; your contract of employment; i.e. terms of employment and nature of business/establishment to know whether it is factory or commercial establishment; only then we can advise you further.
From India, Delhi
Do you fall in worker category as per ID act? how much is your basic salary? what is nature of your job?
From India, Mumbai
From India, Mumbai
ID Act does not define workers. It defines and covers workmen. To be a workman, if you are in supervisory capacity, then there is salary limit and if you are not in supervisory capacity, there is no salary limit. You can be drawing any salary. Worker is defined in Factories Act, which covers different subjects.
From India, Delhi
From India, Delhi
Dear All,
He obviously fall under the category of workman otherwise Labour Commissioner would never have asked him to approach the Labour Court. Also I would like to clear the legal position that in case of termination any workman can approach Labour Court Directly without waiting for conclusion of Conciliation Proceedings. So may be as I told earlier, the management may be looking as to what stand our friend here takes and if they will find him taking decision of going to Labour Court, there is high probability that they may settle the matter out of Court. So cross your fingers and hope for the best.
From India, New Delhi
He obviously fall under the category of workman otherwise Labour Commissioner would never have asked him to approach the Labour Court. Also I would like to clear the legal position that in case of termination any workman can approach Labour Court Directly without waiting for conclusion of Conciliation Proceedings. So may be as I told earlier, the management may be looking as to what stand our friend here takes and if they will find him taking decision of going to Labour Court, there is high probability that they may settle the matter out of Court. So cross your fingers and hope for the best.
From India, New Delhi
Labour Office told him to go to court; he is not specifically saying labour court. We need to clarify this from him. Secondly, a Labour Officer cannot close the case of illegal termination like this; he has to right monthly report where he gives details of all references. What will he write there. Thirdly scrutiny of court and labour office may not be same. A court goes into much more details and normally, the first preliminary objection (objection even before going on merits) is that he is not a workman. He has to solidly prepare his case on this point taking into account all the objections, management may take.
From India, Delhi
From India, Delhi
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Gratuity Form N- seeking intervention of Labour Officer.pdf