Dear Seniors,
I am from Delhi, and I was a Manager in the Administration department of an MNC in Mumbai. I was recruited in Gurgaon four years ago in a different department and transferred to Administration in Mumbai last year. Recently, I was terminated from my employment over an issue. Now, I want to seek legal help to contest my termination and restore my honor. I have spoken to a few people, and everyone has informed me that my case does not fall under labor courts. My queries are as follows:
1. If not the labor court, then to which legal entity should I file my grievance?
2. Where should I file the grievance – Mumbai, Delhi, or Gurgaon?
3. Under which law am I covered?
Thanks.
From India, Noida
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I am from Delhi, and I was a Manager in the Administration department of an MNC in Mumbai. I was recruited in Gurgaon four years ago in a different department and transferred to Administration in Mumbai last year. Recently, I was terminated from my employment over an issue. Now, I want to seek legal help to contest my termination and restore my honor. I have spoken to a few people, and everyone has informed me that my case does not fall under labor courts. My queries are as follows:
1. If not the labor court, then to which legal entity should I file my grievance?
2. Where should I file the grievance – Mumbai, Delhi, or Gurgaon?
3. Under which law am I covered?
Thanks.
From India, Noida
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Dear Nispar, Since you were employed in managerial cadre, you can not seek redress under any Labour Law. The normal alternative remedy is filing a civil suit for damages.
From India, Salem
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6185From India, Salem
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If you fall under the class of workmen as defined by the Industrial Disputes Act, then you will not come under the purview of the labor court/Industrial tribunal. The designation 'manager' does not matter; what matters is your nature of the job. So, in order to know whether you fall under the workman category or not, consult a labor lawyer with all necessary documents.
If you do not fall under the category of workmen, then your legal remedy is filing a Writ petition seeking reinstatement and back wages if you are terminated illegally. However, the procedure of a writ is more time-consuming and expensive than the labor court procedure.
It is best to file the case in Gurgaon since you were terminated from that place only. However, you can avail concurrent jurisdiction in Bombay depending on the circumstances.
Check www.labourlawhub.com for more information.
From India, Kolkata
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If you do not fall under the category of workmen, then your legal remedy is filing a Writ petition seeking reinstatement and back wages if you are terminated illegally. However, the procedure of a writ is more time-consuming and expensive than the labor court procedure.
It is best to file the case in Gurgaon since you were terminated from that place only. However, you can avail concurrent jurisdiction in Bombay depending on the circumstances.
Check www.labourlawhub.com for more information.
From India, Kolkata
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Dear Nispar99,
From the viewpoint of illegal or non-illegal termination, pardon me, but I have to leave that issue to your discretion. Obviously, you cannot appeal to the union-based mediation board because you are at an administrative level; therefore, you may refer your case to a civil court.
Other than that, the two options you have are right. One is pursuing a civil case (if you believe you were illegally terminated), and the other is more time-consuming.
There is one thing I should add, if I may. Look for significant loopholes (statutory violations) that your company has been engaged in or committed, and negotiate wisely. But before that, plan concisely as business acumen or management tools like cause and effect are necessary for you to regain your honor.
Vladimir
From Philippines, Cagayan de Oro
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From the viewpoint of illegal or non-illegal termination, pardon me, but I have to leave that issue to your discretion. Obviously, you cannot appeal to the union-based mediation board because you are at an administrative level; therefore, you may refer your case to a civil court.
Other than that, the two options you have are right. One is pursuing a civil case (if you believe you were illegally terminated), and the other is more time-consuming.
There is one thing I should add, if I may. Look for significant loopholes (statutory violations) that your company has been engaged in or committed, and negotiate wisely. But before that, plan concisely as business acumen or management tools like cause and effect are necessary for you to regain your honor.
Vladimir
From Philippines, Cagayan de Oro
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Civil Court Mumbai will be the place to contest the termination since you were terminated in Mumbai. Did the company follow the laid-down procedure for termination - notice, charge sheet, enquiry, etc., or did they just terminate you one fine day?
Termination is to be done after following the principles of natural justice, which imply that you should be given the opportunity to present your side. What was the issue on which you got terminated? A good lawyer dealing with employment issues should be able to help you.
From India, Pune
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Termination is to be done after following the principles of natural justice, which imply that you should be given the opportunity to present your side. What was the issue on which you got terminated? A good lawyer dealing with employment issues should be able to help you.
From India, Pune
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