Termination Of Emploement Without Notice - CiteHR
Ukmitra
Business Development, Employee Relations,
Adv. Manoj Liyonzon
Advocate, Chennai

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Hello Sir
I was working in IT MNC for more than 3.5 year in Noida as software Engineer. I was permanent employee there.
One day company HR terminated me.They sent termination letter with 2 month salary in lieu of notice period.They have not casting any charges on me.
I registered a case to local DLC.Now I have a conciliation meeting in coming days but I have a doubt the local DLC might delay the case.
Could you please tell me the time limit when a DLC should complete the conciliation process and send the success/Failure report to the government.
Can i direct go to labour court irrespective of progress at DLC office?
Thanks
Ansh

Dear Ansh,
Bravo. A Good Step. Since you have already approached Delhi Labor Commissioner, wait for the result. You can also approach the office for the result, if you don't hear from them in 15/20 days. If you don't get satisfactory response in specified days, make an RTI application to know the status of your case.
Ukmitra

Thanks Ukmitra for reply.
If I make the RTI application, As per RTI law they have 1 month time to reply so my case will again be delayed. Yes, I know, by RTI they will be in trouble but right now my target is to speed up the process and register my case in the labour court ASAP if conciliation process fail.
I approached the Deputy labour commionser of Noida on 6-feb-2014,my conciliation meeting is on 16-mar-2014.
so I just want to know the time limit of DLC to close the conciliation proceeding and submit the success and failure report.
I saw somewhere that the employee and directly go to labour court after 45 days of submission of case to DLC irrespective of case progress.
Please Confirm.
Thanks

Dear Ansh
-there is no proper time derived. However certain chances would be granted thru hearings.
-You complaint is referred for conciliation is a speedy option provided for both parties to settle the
matter therefore to avoid the lengthy proceeding.
-You feel its delayed bcos of lengthy period between hearing dates, however its casual due to en no of
cases in que. therefore in DLC while on call, request them for short date.
-failure to settle in conciliation will be referred back to DLC. The Co., will file counters & fight further
-DLC is ADRS, formulated by Govt. for speedy process, failure in it, shall be approached to appellate
courts (intially in Labour Court) further on.
-My humble suggestion is to fix a lawyer for your representation.

Thanks Manoj sir
As per my knowledge I can not take any advocate in conciliation meeting.
I will try to settle the case in conciliation process but as per my experience company will not cooperate me.
So I have to go to labour court.
My question is that
1. Can I Request the DLC to transfer my case to my Native Labour court as I am unemployed now and can not search the job as company is not giving
the reliving letter? Is there such king of provision is there in law?
Please Confirm
Thanks
Ansh
attribution https://www.citehr.com/private.php?d...#ixzz2yN8f0P40

Dear Ansh
-If matter not settled in conciliation, then it is referred back to DLC. DLC will call upon hearings & will
pass orders.
-Most of the cases are ordered in favour of employees, if genuine. In your case if your genuine, then
you will receive favoured orders. Let the company approach appellete court if requires.
-File a memo seeking transfer to the DLC near to your native place, whereas definately it will be
accepted, since the protocol is as such.
-Also file a memo seeking to supply your relieve order immediately, since company does not reserves
rights to hold on it.
-Retention of the certificates (relieve order) will amount to an offence under IPC section 406 (breach of
trust), is a criminal offence. Lodge a criminal complaint upon company & its officials.

Hello Manoj sir
I have a termination letter. Can company tell it that termination letter is your relieving letter as they have mentioned the date of joining,designaiton and date of termination on it. But you know that I can not show this letter to any new company as my relieving letter.
So Giving the clean relieving is company compulsion or not?
I have a doubt that DLC has the right to write favored orders to me in case of failure of conciliation. Or he will be just neutral and mention only the conciliation fails without supporting any party?bcoz DLC has administrative power not legislative power?
In other words can he pass orders for my reinstatement of service?
If possible plz share your contact number
Thanks
Ansh

hi Ansh, Hire an Advocate. Your questions are appropriate and chargeable for advise. Good Luck. Hope you get response. Ukmitra
Ansh
sorry 1st of all since you cant seek relieve order.
-As termination letter is served, no relive order shall be granted. So forget it.
-DLC will be neutral intially and unbiased while on trial & in verdict.
-DLC orders will speak uptill Supreme court in appeal.
-If DLC order is in your favour after 2 years, you shall be paid the salary for entire 2 years as arrears.
-if conciliation fails, DLC will proceed hearing further to conclude for orders.
-If order is in your favour, it shall be quashing the termination, that determines your reinstatement
of service along with salary for period between termination day & reinstatement day.
am at +91 944425 9445

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