Hi all,
One of my clients has been illegally removed from his job in a government department after serving there for six years; however, he was on a contract. Now, I want to proceed according to the Industrial Disputes Act for his reinstatement. Could you please provide me with the details and the required proforma for the demand notice?
Thank you.
From India, Rohtak
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One of my clients has been illegally removed from his job in a government department after serving there for six years; however, he was on a contract. Now, I want to proceed according to the Industrial Disputes Act for his reinstatement. Could you please provide me with the details and the required proforma for the demand notice?
Thank you.
From India, Rohtak
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Hi Arjun,
I think it might be good if you have this discussed in person with a senior lawyer because a lot of specific details would be required here. For a start, the terms of the contract your client had been employed under and under what circumstances the removal from services had occurred. What are the reasons to consider this removal as illegal? Are these reasons defined as such in line with the exception under the Industrial Disputes Act or the Contract Labour Laws, etc.? Is the demand letter for only reinstatement of services, or is there any compensation demand as well?
A lot more details would have to be considered because once the demand letter is sent and if it is not heeded, the next step would be to proceed with a lawsuit for which the copy of the demand letter would have to be produced in court. As per the content in it, the course of the case can be altered if you are not careful.
From India, Bengaluru
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62I think it might be good if you have this discussed in person with a senior lawyer because a lot of specific details would be required here. For a start, the terms of the contract your client had been employed under and under what circumstances the removal from services had occurred. What are the reasons to consider this removal as illegal? Are these reasons defined as such in line with the exception under the Industrial Disputes Act or the Contract Labour Laws, etc.? Is the demand letter for only reinstatement of services, or is there any compensation demand as well?
A lot more details would have to be considered because once the demand letter is sent and if it is not heeded, the next step would be to proceed with a lawsuit for which the copy of the demand letter would have to be produced in court. As per the content in it, the course of the case can be altered if you are not careful.
From India, Bengaluru
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Thank you, sir, for providing the valuable suggestion. I will definitely consult with a senior lawyer, but before the consultation, I want to prepare the case/matter. I would be highly obliged if you or any other expert here could provide me with a format of a demand notice & claim statement under the provisions of the ID Act.
Thanks again.
From India, Rohtak
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Thanks again.
From India, Rohtak
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Dear Arjun,
If a person employed in a government department discharging sovereign functions of the state is removed or terminated from service, whether it is on a contractual, temporary, or contingent basis, he cannot seek a remedy under the Industrial Disputes Act, 1947. In the case of the termination being against the rules, the person has to prefer an appeal to the higher authority only. If the appeal is rejected, he has to move to the High Court under Article 226 for appropriate relief under its Writ Jurisdiction only.
From India, Salem
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If a person employed in a government department discharging sovereign functions of the state is removed or terminated from service, whether it is on a contractual, temporary, or contingent basis, he cannot seek a remedy under the Industrial Disputes Act, 1947. In the case of the termination being against the rules, the person has to prefer an appeal to the higher authority only. If the appeal is rejected, he has to move to the High Court under Article 226 for appropriate relief under its Writ Jurisdiction only.
From India, Salem
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The facts posted lack clarity. Perhaps, posting of simple facts could place things in the proper perspective.
From India, Kochi
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From India, Kochi
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I largely agree with Mr. Umakanthan. But it is not correct to say that a person working on a temporary or contractual basis in the government sector cannot invoke the provisions of the ID Act. He can also benefit from the beneficial provisions of the above Act, like reinstatement, back wages, etc. I am attaching the latest Supreme Court Judgment on this topic for everyone's information.
Regards,
Ashok Sharma
Mob 9999236926
From India
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Regards,
Ashok Sharma
Mob 9999236926
From India
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