Kamalkantps
Advocate
Bodhisutra
Manager, Operations
Bijay_majumdar
Freelancer
Imok
Hr Executive
Gannahope
Asst.commissioner Of Labour..a.p.
Mkandukuri
Director - Hr
Ybalajisantosh
Employee Relationship, Grievance Handling,
Vrgajjar
Manager Human Resource
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Pkjain62
Service As Dgm-hr/legal
Mudassar04
Manager-hr
Rakesh Pd Srivastav
Chief Manager - Hr (plant Head Hr)
Trrajeesh
Labour Enforcement
Syed Yasar
Assistant Manager Human Resources
Intrvnd
Management Consultant
Kishore.Mavuri
Group Leader - Quality Management & Process
+9 Others

Hi All
I am working in a bpo since two months as a asst.manager HR, and my company is terminating me because i have approached my CEO directly. but it was told to me by my senior he is post of ED in the company, and now every one is manipulating the thing,,and they have terminated me without any notice...like decision came as sudden
I am feeling cheated.....please suggest my the disciplinary action which i can take against to the company...
please revert me on my mail id----awasthikhushbu@yahoo.co.in
28th October 2012 From India, Delhi
My dear friend, politics is everywhere & in every company. everybody tries to shoot the target by keeping the gun on other,s shoulder. only those survives who can handle these people well.I can only suggest you to give up any Idea to confront with the company because they have a lot of powers and they can prove you wrong. so please find job somewhere else but dont mention anywhere you have been terminated.
All the best
DK
Sr. Executive HR
28th October 2012 From India, Gurgaon
Hi,,team HR can you suggest me want would be the action which I can take against the company management. Regards Khushbu.
28th October 2012 From India, Delhi
Dear Friend,
Greetings for the day!!!
It happens to almost everyone. You have two options:
1) Either you ask them the reason for termination. The repercussions will be that they will formulate a reason and give it in your hand. At the end you will find yourself nowhere and there would be unnecessary wastage of time. Also, if you proceed legally against the company and the ball is in your court, you cannot continue with them further as you will given with unnecessary assignments and unachieveable targets.
2) Forget what had happened find a new company where you can prove yourself and go ahead.
Overall, these all are experiences and you should learn from these. Always remember, everything happens for good, if one door closes and many others are opened.
Hope it would serve the purpose.
Thanks and Regards,
Syed Yasar
Human Resources
28th October 2012 From India, Delhi
As per termination provisions of Shop and Establishment act a reasonable cause and one month notice for removal applies only to employee employer continuously for 6 months.KSCE Act sec 18 read with rule 3. Check provision of dismissal in shop act in your state.
If you are in a revenge mood then file a complaint under Industrial Dispute Act before Asst Labour Commissioner or Labour Officer concerned.
28th October 2012 From India, Thrissur
Hi,
Many on these thread has given you the correct suggestion,Its a learning for you.Let me tell you the fact that when we acquire qualifications we are not tought the manuplation and practicle handling of our profession, it comes with such better experiences.You have to be extra intelligent and talentated to survive in the corporate.I suggest you aquire and hone your skills and look out for better opportunities and rise up to the level where you can make descisions and then you can fight for such injustice for others as well.
You need to work hard and be positive and you will be successful.
Thank
Bijay.
28th October 2012 From India, Vadodara
I dont know what kind of guys u r ...instead of fighting u guys r asking him to join new job somewhere...do one thing dear search job somewhere else and after getting job file a case against that company and fight for ur rights....dont leave them at any case ......is is written somewhere taht u will be fired out if u contact the company CEO...after all u r an employee and u have all rights to do soooo
29th October 2012 From India, Madras
Management has right to manage. There is no law that I know of that restrict management from managing. There is no need for you to start fighting a cause you are doomed to. You worked for two months, and you want to nake claims? It does not work like
29th October 2012 From Nigeria, Lagos
khusbhu,
Just go with majority.Find new job.No need to sue the previous company as it will give a bad impact on your career.Be diplomatic in your next Job.But you can do one thing to teach them the lesson by straight away filing a written complaint to CEO only whatever has happened.No need to worry as said above if god close one door many other doors are opened automaticaly.
29th October 2012 From India, Delhi
Dear Khusbu,
Almost all the employment contracts in India have an \"Employment at will\" clause,meaning the employer can terminate your services anytime with or without cause,but under Industrial dispute act they need to pay one month notice salary.
29th October 2012 From India, Bhubaneswar
thats a right way..personholding a ceo position will judge thing in a right manner.. just type your resignation with all reasons and send it to hr and ceo as well... try not to get terminated..submit your resignation...and take a copy of same into your personal mail as well...
29th October 2012 From India, Delhi
Dear Khushbu,
I suggest u to learn what u have experienced from it, And just start with a new company with a cheerful and don\'t mention anywhere that u have terminated, As politics is in every field just look into it and take the decision wisely.
Regards,
Harsha
29th October 2012 From India
Dear Khusbhu,

First of all what is your level in the organisation? What was the necessity for you to discuss with CEO? what did you discuss? These are all areas you need to know when you are in orientation and if you have started your relationship with good note. No one in the management worth the salt will simply fire some one just because some new employee has broken the hierarchy or chain of command in the reporting. There must be some thing else.

You have said that you are fired. This is a loose term and can be used to suit to the needs and circumstances. What is your immediate superior's stand? You are in HR and you are supposed to know the basics of HR orientation.

If they have already decided and if your termination is expected you may put in the papers and resign. Come out. World is large. Do not repeat the mistake in your future and do not take on the company in legal forum. It is a fight which will spoil your career. You may get satisfied for nothing for short term. In the long run and in your career journey you will create unecessary issues.

Try not to take emotional decision. Step back for a day if you have not done so. If it is too late , resign. But introspect the f entire episode and come out with SWOT. You will find things are getting clearer as the days pass on.

All the best.

V. Rangarajan.
29th October 2012 From India, Pune
Dear Khushbu,
I am failed to understand the reason you gave for you termination "because i have approached my CEO directly". This cannot be a reason to terminate any employee. For what reasons you approached your CEO. And if it is truly the reason of your termination then yes you can take legal action against the company. There are judgements of Supreme Court that even if you terminate any probationer due to any disciplinary action you need to conduct a proper enquiry. Which i guess must not have been conducted in your case.
However, if your services have been terminated due to lack of performance or unsatisfactory performance you would not be able to take any action against them, as they are well within their right to do so. Please refer to your termination letter as to what reason they have stated for your termination, and decide for yourself.
29th October 2012 From India, New Delhi
Dear Khushbu,

I read your post and reply thereof by many members of the CiteHR.

Your post is not very clear, on one hand you have written that your company is going to terminate you and on the other hand you said you have been terminated without any reasons. So there is conflict of opinion on the subject by the readers also.

Now let us examine the problem from some other angle.

You joined the company just two months ago as Asstt. Manager HR there may be series of higher rank officers in your organization/company but it is not understood as to what prompted you to ignore all of them and to approach the CEO directly. Reason what so ever, but it is very clear you knowingly/Unknowingly break the system of liner management and invited the trouble yourself and now no one else can be held responsible for the same.

It would be just possible that your CEO might have not like the same and it may be his decision only for which you are blaming others.

When you have chosen to develop you career in HR you have to understand the managements’ Philosophy and its expectation too.

Some times what is visible not always correct and you yourself should examine the whole episode and evaluate your decision, no one else can help you. Rather I would suggest stop blaming to others without any valid reasons from the mail of you at least I could not find any reason which can be term as politics against you. My analyses may presently surprise you but with the passes of time you will understand it.

Now coming to your second query there is no way by which you can take any “disciplinary action” against the management. However, if the terms and conditions of your employment permit you for any benefit or claim you may act accordingly.

Instead of going for a battle with the management it is rightly suggested by some member that you should search for some better opportunity and learn from the past experience.

Pkjain
29th October 2012 From India, Delhi
Dear Friend,
As every one told above, it is practicaly wise to find some other job . But as far as legal position is concerned. No employee can ber terminated without assigning any valid reasons and fater finding that too only after conducting domestic enquiry and finding guilt on you.
But it may be noted that you being a person working in a managerial capacity , you will not come within the purview of the word Workman as defined under Indutrial Disputes Act ; since only a workman can seek remedy under Industrial Dipsutes Actment.
Hence your only remedy against your employer is to claim damages for their unlawful acts. It is pertinet to not e that a civuil court also got the authority to re-instatement but subject to the Contract entered by you with th eemployer.
So i suggest to file a suit claiming damages and try to obtain job in another company.
29th October 2012 From India, Thiruvananthapuram
Thanks to all who gave me their valuable time and suggestions.
and varun no its not written any where and it is said by my ED that for particular issue i need to call my CEO and what i did.i have done nothing from my side i have done only those thng which is said by my companies ED.
29th October 2012 From India, Delhi
In that scenario you write your complaint to the ED with a copy mark to the CEO attaching a copy of your termination. If the ED has asked you to approach the CEO, he will certainly help you in retaining you as you claim that you have not done anything wrong.
29th October 2012 From India, Ahmadabad
Dear You should take advice from a lawyer and solve your problem.your company will give one month notice before termination SURINDER SINGH Sr Exec HR & Personnel
29th October 2012 From India, Gurgaon
The course of action available to you would depend entirely on your Appointment Letter - specifically wrt the Period of Probation and/or Notice defined therein.
Specifically, any Company has the right of termination - without Notice or Reason, in the Period of Probation, which is normally of 6 months in most Appointment Letters. If that's the case with you, you don't even have any legal grounds to proceed.
The biggest risk of any proceeding against the Company is that it may be reflected in your Relieving Letter, and as such will become a part of your permanent employment record - unless the rewards of any action are expected to be substantial, you're better of letting the matter go.
Hope this helps ....
Jayant Tewari
Out-Sourced CFO, Bangalore
29th October 2012 From India, Bangalore
Hi,
First, as others have pointed out, your termination seems legally tenable as you are on probation period.
Secondly, nobody will give you any reason , in writing as to why you have been asked to quit.They are not bound to do so.
Do not waste your time and energy.Quit and look for a new job.
Regards,
Col.Rathi
29th October 2012 From India, Delhi
Dear Kushboo,
Pls check your offer letter. In that you see terms and conditions. And look for the point \"We can terminate you at any time\". If it is not there then send a formal mail to your company CEO and your immediate boss ( Valuable reason for meeting CEO) or else you approach consumer and human rights court. Incase if you find the term \"We can terminate you at anytime\" and you have signed then pls look for better job.
29th October 2012 From India, Delhi
If the terms of your offer say you can be fired without assigning any reason, there is not much any legal option will give you.
In any case, it would harldy pay in the long run to fight and try to cling to your job in this company. It's a BPO job, there are plenty of companies. Why would you want to waste anymore time and energy in a company which can terminate you at will.
29th October 2012 From India, Delhi
Please don't take any action...you may face some difficulties in finding job because when recruiters verify for your background information they will find that you are terminated so it is better to accept your termination and know the reason for your termination......employers have the right to terminate you at any time without giving any notice!!
29th October 2012 From India, Hyderabad
Dear,
You might be in probationary period, so 24 notice or a day salary accordingly they have to give. So its waste of proceeding legally it will create complications and waste of time/money for you! Its also difficult to work in an environment where u have been terminated. Hope and wish u will get a job soon....
29th October 2012 From India, New Delhi
Dear Khushbu,

I am terribly sorry to hear about what happened to you. In fact, had there been a good reason for your termination, one would have appreciated. But oral termination just for meeting with MD is highly unethical and unprofessional. However, you would appreciate that most of the companies in India believe in such type of management practices. There is only a handful of good companies in India where management is open and encourages employees to meet MD without any fear. I remember one of the incidences as told long back by one of the gentlemen belonging to our fraternity that an employee of his company was terminated because he was found making finger marks in the dust coated body of the car of MD of that company). There are hundreds of such examples where employees have been wrongfully terminated without sufficient and valid ground. Now let's go back to the queries as raised by you :

You cannot approach Labour Department for redressal of your grievance as you don't fall under the definition of a workmen under ID Act. You were working in the capacity of Assistant Manager and must also have been handling managerial activities, hence this possibility is ruled out.

You may file a civil case but verdict will take a long time to come and by the time verdict comes (may or may not be in your favour), you will lose the importance of the verdict. Secondly and most importantly, if your future employers come to know by any chance that you are fighting a legal suit against your previous employer, it will create a very bad impression in their mind and I think, sitaution will once again turn against you. In many companies HR Department gives a Job Application Form before interviews, where there is a column in which one has to state whether he /she has been ever convicted or any case pending before any court. If you conceal this fact and later on when your employer comes to know about it, they will take suitable disciplinary action against you for concealing the same as you also sign the document (Job Application Form) and acknowledge that the informations as furnished by me are correct to the best of my knowledge. DK has rightly suggested that you give up the idea of confronting with the company.

In the biblical battle between David and Goliath, David might with won but in real life Goliaths usually win. Your former company can also frame any goddamn charge /s against you and bring forward hundreds of evidences and witnesses to prove the charge /s. It may be difficult for you to defend yourself. Apart from this, fighting a legal suit will also cost a few thousand of bucks and your valuable time. Let bygones be bygones and march forward head high.....

I suggest, you start looking for a job and I am sure with your knowledge, skill and experience you shall be able to get a good job.

All the best. In case of doubt, please feel free to speak to me.

Rgds,

Rakesh Pd Srivastav
29th October 2012 From India, Gurgaon
Hi,
You contacted your CEO directly when your immediate superior was not there, that is not an offense, But i want to clarify one thing for what reason you contacted him? Is it regarding something which could create some problem to your top management/conflicts between them? Why all of sudden your management has taken harsh decision that too the extent of termination? I think no one can terminate you without CEO's prior intimation or at least post intimation if you are working in a Small/Medium level company.
When it comes to Big Companies as some professional said earlier Politics will occur everywhere, its waste of time if you go legally to sort out this issue, unless you are financially sounds good.
Regards
Shweta.
29th October 2012 From India, Bangalore
There is nothing wrong in approching the CEO of the company. But , first of all you should try to find the problem to the solution thru the right medium. If your Boss is the problem, go to his boss and approching the CEO should be the last option.
Since the management has decided to terminate you, please have a candid discussion with the management or ask fopr a second chance.
As a last resort, you may approach the labour court for justice. Its not easy either.
29th October 2012 From India, Madras
Dear Khushbu,
See, your company has terminated you without any notice/reason taking you as easy like a casual worker, I think this is not the perfect reason that you approached the CEO directly. There must be some other reasons may be your failures before their expectations from a HR Manager. As you wrote you are designated as Asstt. Manager - HR, so tell us how will you fight on behalf of others for such unreasonable causes, if you can't questioned them on your behalf itself. I will advice you to seek another job, but don't let your previous company leave for such foolish justifications.
Mamta.

29th October 2012 From India, Dehra Dun
friend...

I suggest you to try a better job..I am also a victim of company politics. I worked 3 years in a private company and was the best performer.I had given a lot of suggestions and ideas for the company to grow up.

However ,I wont blame the CEO. He is a talented human and is the only one intelligent guy in that company..I really pity of him.Things gone worse , when he assigned on Chief Marketing Officer to handle all things, to reduce his burden. This CMO was a new guy and was finding a reason to show up. I was performing the best , and he came to know that it will affect his status, as he was not doing anything.

One day, one mistake happened from my side, which was not a serious one. He got the chance and terminated me on the spot. He told everybody that , I have done a serious crime which will invite the legal notice. He even held my salary for that month.

Later, I mailed the CEO, with a detailed explanation of the incident. Then he replied me with an apology,and asked the managers to release my salary which was on hold.

Anyhow I am happy that, it gave me a motivation to find another good job, with a better work enviroment and people. Now , I am employed in one company with a position better than that of my previous one. Also, I have got a lot of other offers too..

Hence, I thanks the CMO for terminating me on the spot ! else , I would have been wasting my career, with some idiots.

One more thing I came to know is they do not have PF and ESI account, but have been deducting from my account since years..

Anyway thanks to that guy...:D
29th October 2012 From India, Bangalore
Dear Friend,
Always remember one thing in your life, never run behind the job, you must have professional knowledge, you should be professional strong, search in your self, find out the weakness in yourself, remove the weakness by over coming with solutions.Job will run behind you.
Ask your reporting manager that you are quitting the organisation today itself, but ask him the reason for termination, work on that weakness sincerely, the day is not far away you will be successful person. you should be happy that some one is showing your weaknesses.
Today you commit yourself that you will improve your professional knowledge and remove your weaknesses.
Thank you
29th October 2012 From India, New Delhi
Hi All, Dear Khusbhu , You can initiate legal action against the company as per your contract/Standing orders. Don’t worry & go ahead. Mudassar Shaikh MBA MPM D.L.L. & L.W
29th October 2012 From India, Pune
Ask your concern Manager about feasible reason of termination. This is not a feasible reason to terminate any employee from any organization. Read your appointment letter about Termination policy and procedure.
If termination policy and procedure is not mention in your appointment letter then ask your Manager about
Termination Policy and Procedure
Grievance Handling Procedure
Thanks
Udit
HR Executive
WITS TECHNOLOGIES
29th October 2012 From India, Noida
Dear Kushboo,
With changing times and changing world, the word \"Ethics\" is only found in dictionaries and organizations website/profiles. The CEO when addressing the employees would say that he/she believes in an \"open door policy\" and you can \"contact him/her\" anytime. These are all \"corporate gimmicks\". Trying to fight this corporate nexus will not find any success as they are all part of the bigger web of unethical and corrupt management practices that includes the said CEO.
These days, neither an employee is loyal to his/her employer nor the employer is loyal to their employees. Everything revolves around \"money\" and not around \"ethics\" or \"honesty\". The biggest problem the world is facing now is that we do not have \"Leaders\" we only have \"managers\".
So my sincere advise from my 20 years of experience ranging from the bottom end of the org chart to senior management roles is that, since it is only 2 months of your job just forget that 2 months and start a
29th October 2012 From United Kingdom
Learn from yourself after facing such types of problems, if you are unable to learn from your seniors.
In future wherever you are employee always keep in touch with your boss so that he can guide you as well as he will share his experience to you.
You are educated in modern environment, you know every human having different attitude to understand other, every one is not treat others like his child.
so make sure try ti make your balance in a modern period.
BB JOSHI

30th October 2012 From India, Delhi
Dear Khushbu
I am not in favour to find new job instead of fighting with Company. This type of our practice,make employer to do such type of illegal work which is done with you. You have to fight with employer to teach lesson. I tell you a simple way. First of all think about your nature of duty assigned to you. If your duty comes under definition of workmen then approach to labour department with complaint or you can directly approach to labour court. For further clarification you can mail me on my E-mail ID given below.
Regards
Sandeep Kumar Advocate

30th October 2012 From India, Delhi
Hi Khushbu,

I have gone though your query and here are my comments,

Assuming you have a Probation Period of 3/6 months as per your Employment Agreement (which almost every Company has) --> during the time of termination, you were not on their permanent payrolls; which means, your employment was not confirmed. So, your Employer has every right to terminate any employee in his/her Probation Period without citing any reason. (This is the most commonly used 'Term' of the Probation) Even if you ask them for any reason behind your Termination, the obvious reply would be "Not meeting the Requirement or Below par Performance." So, you can't do anythin about it, except asking for the Service and Employment Certificates.

Assuming you did NOT have any Probation Period (as per your Employment Agreement) --> which in turn means, you are on active payrolls (Confirmed Employee) from the day1 of your joining. In such case, from the employer perspective, they have the right to terminate you (with immediate effect) only on the disciplinary and policy violation grounds. In all other scenarios, you would either need to serve the notice period completely or your employer needs to pay you for the left-over notice-period if they ask you to leave without serving notice period. In the case of termination with immediate effect, the employee has the right to ask the Employer to give the reason(s) with substantial evidences of the alleged nondisciplinary-action/policy-violation. The Termination is valid only if the Employer has evidences of all such actions (provided the policies are already existing and shared to all employees).

I hope this will help you!

Thanks & Regards,

Kishore Mavuri

+91 900 068 0678
30th October 2012 From India, Hyderabad
Dear Khusboo,
Just I want to share my feelings:-
If company management thinking like this then its better for you that they have terminate you.
You have lost only 2 months don’t worry try in a good company.
Your management cannot terminate you without approval of that CEO if that CEO like this then its better to terminate you.
Say thanks to god for wonderfully guidance in your carrier .
30th October 2012 From India, Mumbai
Dear Khusbhoo,
According to me notice period is required for any organisation. If, they want to terminate you then he has to give you reason and also notice period.
If, they don't give you any reason then you can consult a corporate lawyer. But, you should choose the lawyer who is well known for you.
With Best Regards,
Viral Gajjar
30th October 2012 From India, Ahmadabad
Hey Khushbu.. Chill Yaar!!
Dont wast your time in faltu theories. See, we don't know why you approached to CEO of the company without following system of approach. Sometimes people will forget the system when they got some support from the senior management and then the problem starts.
Without consulting your reporting manager you went to CEO that is totally wrong. this is the only reason of your termination.
Now, dont wast your time and learn this as experience and search for some other options.
I may hard in words but true.
Chill HR
30th October 2012 From India, Gurgaon
As per the law, u r not liable to ask your job security, where is not attaining 6 months of service in that organization. In this juncture, there is no provision to fight with them.
Regards,
Tirupathi Reddi
30th October 2012 From India, Secunderabad
I totally agree with Mr.Varun Jha,dont feel demotivated instead stand firm and fight.Look for a job and then you can take any action against them.Dont worry khushboo,everything will be alright.Its a learning experience for you. Cheer up :)
31st October 2012 From India, Kolkata
Politics is everywhere & in every company. I can only suggest you to find job somewhere else but don’t mention anywhere you have been terminated. Shalaka HR - Manager
31st October 2012 From India, Mumbai
Dear Khushboo

Along with other members' I share your anguish on the unfair treatment meted out to you.

Such instances are aplenty and most often it is the HR who have to do or are asked to do, this sordid task. In fact, most of the times, such terminations are not only unfair, but illegal too. However, as pointed out; its a war between David and Goliath, and the latter invariably wins in such cases.

In your case, however, it seems no legal infractions are involved as you were in probation. However, what is a matter of concern, is the manner in which it was carried out. Apart from it being a swift, ruthless action based on a flimsy reason; it deprived you, most importantly, of the time you could have utilized in searching for a suitable job enabling the continuity of your employment.

Many want to know the exact turn of events that caused it. Do respond back to let us know what exactly happened. It happens that senior people are shy of breaking thee bad news. At times, young inexperienced sub-ordinates are made the scapegoat. Is it what happened in your case? Why were you asked to communicate directly wwith the CEO ? Although. its not an illegal act, but surely highly un-conventional that a probationer has to deal with the CEO. were you set-up as the fall-guy ?

Also, do respond to let us know if you find these suggestions helpful.

Warm regards.
31st October 2012 From India, Delhi
Dear Khushbhu,
Kindly it is really cheated with you but you must take action against this as said Tam HR above reply of your query for Corporate Lawyer to proceed legally and also use your Appointment and approval of Joining Letter must show to the corporate lawyers.
Regards,
JUNED SHAIKH
31st October 2012 From India, Mumbai
Dear Varun
Please be practical. Assuming the member gets a very good job and files and wins the case against the company, what will the member achieve ? Will the member be willing to join the company in such circumstances. Member will be not only wasting time and energy but also will loose financially.
Dear Khushbu
I am still not clear why would the management take a decision to remove an employee just for meeting the CEO. There must have been some reason for you meeting the CEO directly that would have resulted in the action of the management. Kindly consider the situation at hand before you jump to a conclusion. Many a times we consider only our side of the story and feel sorry for ourselves and do not take a close look at the events that have translated into the current situation.
Regards
Preetam Deshpande
1st November 2012 From India, Mumbai
Dear freind,
You can go directly to district labour office and give a written complaint what was the doing. They will call again you both with concillation. I think it will enough for get componsation to you!
If any let me know,
Manikandan

1st November 2012 From India, Chennai
Hello,
In my opinion Khushbu, u should see the CEO once again for it and seek assistance from him.If in any case this doesn't work out, then seek legal help, see to it this should not harm your personal interests or your character in the organization. Wishing you a good luck.
1st November 2012 From India, Krishna
Dear Khushbu Awasthi,
The only thing trouble s me is that you were employed in the HR
department and yet you did not go through the employment policies of
your company.
Dear Friend your term of employment was only two months, which in
simple words means you were on probation, your service was not yet
confirmed, therefore as your terms of appointment you liable to be
fired without any notice and you have no standing point in the court
of Law.
Secondly, you were running to fast, in any organization, you have to
wait and establish your reputation before you try to manipulate your
seniors.
Hope you under stand what I have said in the above lines
5th November 2012 From Pakistan, Lahore
Dear Advocate Sandeep,

I saw your post dated 30.10.12 and I regret that it somehow skipped my attention and read it only today morning. You have rightly suggested (the same thing I had also suggested to Khushbu in my post) that prima facie she does not fall under the definition of a workmen, hence she cannot go to Labour Department for redressal of her grievance.

Further, I ditto your suggestion that she can go to Labour Department and file her complaint if she was a workman and fell under the definition of workman as per I D Act, 1947.

However, I disagree with you that she can directly go to Labour Court and file the case against her former employer. You would appreciate that with the latest amendment dated 15.09.2010 in I D Act, direct reference of disputes has become possible by the introduction of Sub Section (2) & (3) in the Act. Accordingly, in case of individual dispute of workman related to discharge, dismissal, retrenchment or termination by any means, now the workman has the right to approach labour court directly without waiting for conciliation proceedings and Govt. reference. But he /she has to wait for three months for this direct action from the date of filing his /her application before conciliation officer if the Govt. is not able to complete the reference process within three months. Earlier there was no such direct option available to workman to approach labour court.

Hence, Khushbu will have to wait for three months for this direct action at Labour Court from the date of filing her application before conciliation officer.

Trust, you will agree with me.

Rgds,

Rakesh Pd Srivastav
6th November 2012 From India, Gurgaon

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