To:
Cite HR Sr.Members.
Sir, I have a personal issue with my Company XXX (Steel Plant).
In Sept.2013, Co. Retrenched all employees as approved by Labour Commr.Bengaluru after Gerao, Strike etc., in the Plant and the Retrenchment Order (copy re-produced below) states that the settlement amount as per the IDA Act will be deposited in my Bank a/c.
However, while depositing the Settlement amount in the Bank, the Co. retained approx. Rs.47,000/- saying ‘Funds shortage’.
After 6 months (on 1.3.2014), Co. paid approx.21,000/- saying that the balance Rs.26,000 will be paid in a month. (I have returned all Co. items and nothing is left with me.) Though I had sent several letters and made phone calls to the MD, Joint Director(O,HR&A), FC, GM etc., there is no proper response. They have delayed payment so much that it looks; they do not want to pay. Co. retained 25 employees including the Director (O,HR&A), VP, FC, GM-Marketing etc., When the Co. Retrenched me in 2013, I was 57 and so; I did not get job outside though I attended some interviews.
There are 7-8 other officials for whom some balance is not paid including the above Top Management whom Co. retained and getting good Monthly Salary. Other officials got good jobs elsewhere & not interested.
Though I was appointed as HR Manager in May, 2007, they gave me Promotion Orders as Sr.HR Manager & AGM-HR&A. later without any benefit stating “Plant under Loss/Shut-down” due to our Supreme Court ban on Iron Ore (Basic raw material for our Plant).
In the above circumstances, I request CiteHR Senior Members to guide me; how to get my balance amount to meet my expenses. As the Retrenchment Order clearly stated that the Retrenchment is under IDA Act, can I request Labour Commr. to direct the Co. to pay the balance Retrenchment Compensation ?
I once again request Sr.CiteHR Members to guide me in the matter to get my balance Retrenchment Compensation amount.
Yours Sincerely,
C.Neyim Khan, 14.9.2015
AGM-HR&Admn.,
Mobile No.9535470460 Email:
================================================== ===============================
No. RO/2013/
Date: 07.9. 2013
To,
Mr. : C N Khan
Emp.No : 01364
Dept. : HR & Admin.
Sub: Retrenchment Order – Reg.
Ref: Order No.IDA-4/CR-8/2013-14 Bangalore dt.19th August, 2013 from . the Labour Commissioner, Govt. of Karnataka, Dept. of Labour, Karmik
Bhavan, Bangalore, under IDA -1947 Section 25 (N) (06) – As per the Govt.
Notification No. SWL 55 LLE 85 dated: 07.02.1986 permitting Retrenchment
of all the employees.
------------------------------------------------------------------------------------------
It is to inform you that the Management of M/s. XXX Ltd., xx xx have taken a decision with reference to the above Retrenchment Order from the Labour Commissioner, Govt. of Karnataka, Bangalore, to Retrench your services from the Company w.e.f. 12th September, 2013.
All your settlement amount as per the IDA Act will be deposited in your Bank Account in SBM, Hiriyur.
If you have any Company’s materials in your possession or on your name, please return the same to HR Dept. and get “ No Due Certificate “. Otherwise, the materials cost will be deducted from your final settlement amount and the balance amount will be deposited in your Bank account.
For XX Ltd.,
(XX XX)
JOINT DIRECTOR (O,HR&A)
From India, Bangalore
38Cite HR Sr.Members.
Sir, I have a personal issue with my Company XXX (Steel Plant).
In Sept.2013, Co. Retrenched all employees as approved by Labour Commr.Bengaluru after Gerao, Strike etc., in the Plant and the Retrenchment Order (copy re-produced below) states that the settlement amount as per the IDA Act will be deposited in my Bank a/c.
However, while depositing the Settlement amount in the Bank, the Co. retained approx. Rs.47,000/- saying ‘Funds shortage’.
After 6 months (on 1.3.2014), Co. paid approx.21,000/- saying that the balance Rs.26,000 will be paid in a month. (I have returned all Co. items and nothing is left with me.) Though I had sent several letters and made phone calls to the MD, Joint Director(O,HR&A), FC, GM etc., there is no proper response. They have delayed payment so much that it looks; they do not want to pay. Co. retained 25 employees including the Director (O,HR&A), VP, FC, GM-Marketing etc., When the Co. Retrenched me in 2013, I was 57 and so; I did not get job outside though I attended some interviews.
There are 7-8 other officials for whom some balance is not paid including the above Top Management whom Co. retained and getting good Monthly Salary. Other officials got good jobs elsewhere & not interested.
Though I was appointed as HR Manager in May, 2007, they gave me Promotion Orders as Sr.HR Manager & AGM-HR&A. later without any benefit stating “Plant under Loss/Shut-down” due to our Supreme Court ban on Iron Ore (Basic raw material for our Plant).
In the above circumstances, I request CiteHR Senior Members to guide me; how to get my balance amount to meet my expenses. As the Retrenchment Order clearly stated that the Retrenchment is under IDA Act, can I request Labour Commr. to direct the Co. to pay the balance Retrenchment Compensation ?
I once again request Sr.CiteHR Members to guide me in the matter to get my balance Retrenchment Compensation amount.
Yours Sincerely,
C.Neyim Khan, 14.9.2015
AGM-HR&Admn.,
Mobile No.9535470460 Email:
================================================== ===============================
No. RO/2013/
Date: 07.9. 2013
To,
Mr. : C N Khan
Emp.No : 01364
Dept. : HR & Admin.
Sub: Retrenchment Order – Reg.
Ref: Order No.IDA-4/CR-8/2013-14 Bangalore dt.19th August, 2013 from . the Labour Commissioner, Govt. of Karnataka, Dept. of Labour, Karmik
Bhavan, Bangalore, under IDA -1947 Section 25 (N) (06) – As per the Govt.
Notification No. SWL 55 LLE 85 dated: 07.02.1986 permitting Retrenchment
of all the employees.
------------------------------------------------------------------------------------------
It is to inform you that the Management of M/s. XXX Ltd., xx xx have taken a decision with reference to the above Retrenchment Order from the Labour Commissioner, Govt. of Karnataka, Bangalore, to Retrench your services from the Company w.e.f. 12th September, 2013.
All your settlement amount as per the IDA Act will be deposited in your Bank Account in SBM, Hiriyur.
If you have any Company’s materials in your possession or on your name, please return the same to HR Dept. and get “ No Due Certificate “. Otherwise, the materials cost will be deducted from your final settlement amount and the balance amount will be deposited in your Bank account.
For XX Ltd.,
(XX XX)
JOINT DIRECTOR (O,HR&A)
From India, Bangalore
I think you now need to go to the office of labour commissioner who gave th original order and complain to him. Based on his response the next step can be considered.
From India, Mumbai
From India, Mumbai
you can go and submit your appointment to labour commissioner and ask the justice other wise you ask to pay the 3months notice period payment
From India, Visakhapatnam
From India, Visakhapatnam
Hi Sr.Members. 15.9.2015
I thank Saswata Banerjee & Rambabu for their advice reg. balance payment of my Retrenchment Compensation withheld by my Company. Though the Company belongs to reputed Mine Owners with money & wealth, they are not honouring Statutory obligation; inspite of repeating requests & representation; leading to problems for the employees.
From India, Bangalore
I thank Saswata Banerjee & Rambabu for their advice reg. balance payment of my Retrenchment Compensation withheld by my Company. Though the Company belongs to reputed Mine Owners with money & wealth, they are not honouring Statutory obligation; inspite of repeating requests & representation; leading to problems for the employees.
From India, Bangalore
Since you were Sr HR Manager at the time of retrenchment the Co can rightly state before the labor commissioner or Labour Court that you are not workmen as per ID Act and not eligible for any relief from LC as your claim is not an Industrial dispute.
Varghese Mathew
08547139493
From India, Thiruvananthapuram
Varghese Mathew
08547139493
From India, Thiruvananthapuram
Hello Neyim Khan,
As suggested by the other members, go & approach the labour commissioner & represent your case.
You also mentioned 'I have returned all Co. items and nothing is left with me'--but do you have the NOC? That's what will count in the end
Reg your remark 'Company belongs to reputed Mine Owners with money & wealth', just forget about this aspect & focus on how to get your money.
Like the Saying goes "In India, the Industry can go sick, the Industrialist never goes sick"--the most recent example being the Owner of SpiceJet OR even Satyam Ramalinga Raju--who still seems to have the funds to pump into his new venture, albeit thru others.
All the Best.
Rgds,
TS
From India, Hyderabad
As suggested by the other members, go & approach the labour commissioner & represent your case.
You also mentioned 'I have returned all Co. items and nothing is left with me'--but do you have the NOC? That's what will count in the end
Reg your remark 'Company belongs to reputed Mine Owners with money & wealth', just forget about this aspect & focus on how to get your money.
Like the Saying goes "In India, the Industry can go sick, the Industrialist never goes sick"--the most recent example being the Owner of SpiceJet OR even Satyam Ramalinga Raju--who still seems to have the funds to pump into his new venture, albeit thru others.
All the Best.
Rgds,
TS
From India, Hyderabad
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