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Dear All, i had a labour case with my company, under section 6 H ( 1 ) of the u.p. industrial disput act 1947.The case history is given below :- Candidate joined this company on may 2,2002. as a quality inspector. and than he had been promoted as HR - Executive on dated AUGUST 14,2007. than he has taken leave 20.08.2007 to 25.08.2007 and again absent on 27.08.2007 to 01.09.2007 and than he had been transfered at our other unit at dehradun , said that you have to joined your duties upto 03.09.2007.......than compant teminate him mainly because he is also involve in worker union. so , all of you my senior's in same feild , please advised me wht i have to do in our favour. With Regards... Sandeep Kumar

I presume that the matter is under Court of Enquiry. Then why should we people make a comment on it? That also, a case which has been in existence for the last two years. Any way let me put my own version on the case. If the terms of appointment order or Standing Orders of the company provides for transfers then the management has every right of transferring your executive. If the transfer is to be effected within a very short period, say with a day or two depending upon the distance involved in travel, the management can ask him to join the new office with immediate effect without allowing any joining time. Only thing is that it should not be an act of victimisation. If so, the responsibility to prove it lies on the employee only. In this act of employer what is lacking is a degree of natural justice. Otherwise the management is right in many perspective. In the termination letter, I don't think that the management must have cited the worker's participation in the trade union as the cause of termination. Had it been like that, the management is said to have committed a blunder! Because, an employer cannot terminate an employee for joining trade union. Now, being an HR Executive having some what supervisory powers, should not have acted like a shop floor worker. If he had some genuine reasons for his absence, he could have directly talk to the Personnel (HR) Manager and such higher authorities. This further weakens his stand when he challenges his case. If possible make a settlement. Let both the parties come closer and close the matter. Regards, Madhu.T.K
From India, Kannur
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