Workers Left One's Own Accord But Demanding Retreanchment Benefit OR Regularisation Job With Principle Employer. - CiteHR
Saswatabanerjee
Partner - Risk Management
MAHESH PRASAD GUPTA
Deputy Manager - Hr & Admin
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
+1 Other

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A CONTRACT WORKER "X" WORKING WITH "Y" ORG APPROX 730 W/D IN LAST THREE YEAR BUT AFTER THAT X LEFT AND WORKING WITH OTHER ORG. "Z" WITHOUT INFORM TO "Y" ORG, HERE NOTED BOTH THE ORG IS UNDER SAME PE.
FURTHER AFTER FOUR MONTH X MAKE A COMPLAIN AT THE OFFICE OF ALC THROUGH A UNION UNDER SEC 10 OF ID ACT 1947.
Mr. X HERE DEMANDING RETRENCHMENT BENEFIT OR REGULARISATION ON DUTY.
NOTED HERE Mr. X LEFT THE JOB FROM 'Z' ORG ALSO WITHOUT INFORMATION.
IS HE ENTITLE TO GET RETRENCHMENT BENEFIT FROM "Y" ORG, IF YES WHAT BENEFIT X WILL GET.
WHO WILL DO HIS WORK REGULARISATION.
REGARDS

Dear Mahesh

# After X abandoned services of Y was F&F settlement done by Y ? Was any communication mentioning that since you have voluntariliy quit the job, please accept F&F by ....(date) etc. was issued by Y?

# If not, X can raise dipute about illegal termination...if Y refuses to take him on the job which legally has been not discontinued.

# His demand for regularisation may be considered by ACL if the job which was ordinarily carried out by him lastly, still exists in same quantum and nature and the duty position has been replaced by another workman. Or else ACL may recommend retrenchment benifits.

# The workman has to be paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days' average pay for every completed year of continuous service and one month notice pay in addition to his all legal dues, whatsoever.

# However Y can twist/can give another dimension to the dispute by producing evidances that X was gainfully employed with Z .

Regards

Shailesh Parikh

Vadodara, Gujarat

99 98 97 10 65

Hello Mahesh Prasad Gupta,
You have given the Facts file of the situation.
However, the options open to you WILL DEPEND ON THE DOCUMENTS FILE--like Shailesh Parikh mentioned, pl give details from this angle also.
Pl clarify his queries & I am sure you will get the most realistic/appropriate suggestions from the members.
Rgds,
TS

If a worker left the job voluntarily, he is not entitled to retrenchment compensation
You need to see what records are available with the contractor to support voluntary separation.
Both contractors being under the same principal employer, it would be easy to show that he was working for the second contractor and therefor the dement for compensation is not entertained.

dear mr gupta
If your facts are correct, still the employee can raise a dispute of oral termination. But you are not liable to reinstate him as he is not your employee. If the contractor has terminated him by way of retrenchment, contractor is liable to pay the legal dues, however if he fails, the prinicipal employer is required to pay first then recover from the contractor, as per latest judgement of madras high court.

onward alc forward the disputes to labour court with the approval of his seniors, shortly court may call to our org to produce the documents.
We have the following documents:
1. Payment sheet of next two month from 'z' org where they received after left from 'y', his wages which is more the wages getting from 'y' org.
2. Letter of pe in the name of alc: Worker have not been retrench only his work has been shift from 'y' to 'z' org due to minimize the work scope at 'y' org, only they will eligible to get his dues not the retrench benefit.
Please advice .....................

Now the labour court registered the simillar three cases and call us on 25th November'2014. I have fix a lawyer on behalf of my Org to handle the case. please advice further under the above factual situation of case.
Now the workers presently left, they have not worked under any of the above contractor.
Out of that one worker submit a withdrwal latter to ALC regarding to submit his complain.
Please advice .........

Let's see the case in decision stage ?
Expert / Sr. Members if having any judgement of High court related to the case i.e.
" Retrenchment compensation will be eligible if any casual worker left the job without any information and resume the another job from very next day".
Requested to seniors please help us under the above case.
Regards
Mahesh Prasad Gupta

It is better you hire good lawyer to take care of this case.
Members of this forum can not help you because the circumstances of the case with all its details would be critical to the correct advice. We here on the forum would not have those details.

Sir, already have a lawyer under the case, now before decision the case honorable court call both and ask for compromise , finally complainer ready to withdraw the case with a compensation of Rs.30000/- ask before honorable court.
Please advice whether to compromise or go for decision.
Regards,
Mahesh Prasad Gupta


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