all sir. can any one tell me for compensation & benefits to be received on wining a illegal employment termination case. regards R K Madan
From India, Indore
The award will specify the compensation and damages to be paid to you. It can be either reinstatement with back wages and service benefits also. If a settlement is reached, an amount equal to 15 days salary for every year of service along with notice pay as are provided for retrenchment under the iD Act shall be the minimum compensation.
Regards,
Madhu.T.K

From India, Kannur
Thanks Madhu T.K
After 15.5 years of service terminated in 2004 on false base of poor performance, approached lab our court decision given in 2010 that duties are of managerial cadre on the base of subordinate staff leave application recommendation,gate pass sign, appraisal form sign. Lab our court decided that this case cannot be continued in this court. approached local government authorities i. e collector office, registered my complaint in citizen forum,national portal,but answer is case in progress will be informed.
please guide me what to be done.
regards
R K madan

From India, Indore
Authority to sanction leave, appraise employees, initiate disciplinary action etc are specific proof to show that you have been employed under managerial capacity. Therefore, the case will not be heard in Labour courts or other dispute reddressal machinery of Industrial Disputes Act. Only recourse is to file a civil writ. Being a managerial person the decision of the management may be held final unless you prove to the satisfaction of the court that your performance was upto the expectation of the management. Let us wait and see.
Madhu.T.K

From India, Kannur
Thanks Dear Madhuji,
It is not sanctioning but recommending of leave, appraise, & gate pass signing. What are factors deciding as managerial cadre functioning ?. No Performance measurement is done only letter issued for two years 2002 & 2003 stating that your performance is poor therefore no salary increment will be given In third year i.e 2004 direct termination letter given stating no reason for termination.
what is the time period for filing a case in civil court?.
waiting for your reply.
regards
R K Madan

From India, Indore
The onus to prove that you were employed as a worker is with you only. Therefore, whatever you produce as evidence can be questioned. Even authority to sign a gate pass will become a problem for you because gate pass is something an authorised person can only do. Since the verdict is awaited, please act accordingly.
Madhu.T.K

From India, Kannur

If you are knowledgeable about any fact, resource or experience related to this topic - please add your views using the reply box below. For articles and copyrighted material please only cite the original source link. Each contribution will make this page a resource useful for everyone.

Please Login To Add Reply






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2021 CiteHR.Comô

All Material Copyright And Trademarks Posted Held By Respective Owners.
Panel Selection For Threads Are Automated - Members Notified Via CiteMailer Server