Termination Of Employment - Notice Period - CiteHR
Umakanthan53
Labour Law & Hr Consultant
Tushar.swar
Manager - Human Resource
Premkumar Nair
Manager (hr)-retired
Srilakshmi249
Hr Executive
+2 Others

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Hell 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 office.I had a conciliation meeting.
In Conciliation meeting company representative files a written statement(WS) that I was a software engineer in company and my work involved imagination and creativity so I can not be term as "Workmen" and asked the DLC to reject my case.
Can DLC reject my case stating that I m not a "workmen". Based on DLC report where can I go lfor relief "Labour Court" OR "high Court"?
Please Suggest
Thanks

Dear,
While sympathising with you, you must understand a fact that unless you prove before labour authorities that you are a workman as provided under the Industrial Disputes Act, you cannot succeed. Secondly, refer to your appointment letter reg conditions for termination to confirm if the company complied with such provisions. If not complied, you may approach a labour law Consultant.
Best of luck.

Ok agreed
Suppose I m not able to convince the labour authorities that I am a "workman" so based on that they dismiss my case.
Then in that case where can I go for relief "Labour Court" OR "Civil Court" OR "High Court"?
Please Reply

Dear
Matter is pending for conciliation before DLC. Hence, either matter will be conciliated upon or will be referred to Govt i.c. Labour Commissioner with failure report who will decide whether to be referred to Labour Court or not. Question of 'WORKMAN' can be decided by the court only. So, wait for outcome of the conciliation proceedings.
Thanks
V K Gupta

Do I need to submit rejoinder to DLC against the written statement(WS) submitted by company stating that I don't come under the definition of "Workmen"?
Does DLC have the authority to give his opinion on "WS by company and rejoinder by me" ? OR he directly submit the Failure of reconciliation to govt ?
After FOC,IF govt does not send my case labour court,can I directly approach the labour court on my own?
Please Reply

Dear Anshul,
Hope you remember our telephonic conversation 2 or 3 days ago.Normally, a Conciliation Officer appointed under the Industrial Disputes Act,1947, after taking cognizance of a dispute, will try to forge out an amicable settlement or submit his failure report to the appropriate Govt. discussing the claims and counter-claims with his recommendation for adjudication or not.So, if your case is one under the I.D Act, the DLC cannot simply reject your claim based on the stand-point of the management that you are not a workman under Sec.2(s) of the Act.SO, better file a rejoinder repudiating the points based on which the management argues that you are not a workman. Alternatively, since the IT/ITES establishments are covered under the State Shops & Estt. Act, you can file an appeal under the approppriate provision providing for appeal against wrongful dimissal.

Dear Anshul,

1) If we keeping in mind about your nature of work, it shall not be consider as worker under ID act. but, as said by Mr. Umakanthan, you may consider as employeeunder the shops & establishment act. as it is not specified the the nature of work as mentioned in other acts.

2) So, your relationship with company as employee & employer, & your appointment letter is representing as agreement / contract of the terms & conditions of your services given by you & in that, behalf company will pay you the remuneration.

3) Therefore, as you said that, they have terminated to you on nothing any charges as well as they have paid you the one month salary in lieu, which i belive that, it is as per mentioned in your appointment letter. it means there is breach of contract or Violation of any rule.

Normally, these clause is use as universal for most of the agreement or contract, keeping in mind that, if in case, they might to reduce cost, budget, manpower etc. in future. So, its like the compesation in case of failure of terms & conditions, its the defensive clause,

But, Still i am not understand that, what your dispute in this case..?

Dear Mr Anshul,
You better file rejoinder.
The status of workman does not depend upon the designation , but on the nature of work performed.
The DLC is not the authority to adjudicate the ID , He can send the failure report to the appropriate govt, who then refers the dispute to the IT/LC having jurisdiction over the area.
You can directly file the ID case before the Labour Court , if the Conciliation proceeding is not completed within 45 days.
Thanks and regards
RL Dhingra , Advocate
Labour Law Consultant, Delhi,
e.mail:rld_498@rediffmail.com
09818309937/0124-4109907

I joined a firm 1 1\2 month back they only gave me letter of intent and they made me sign a bond.I have not been given any appointment letter.All of a sudden they say that i have been terminated that too a word of mouth......they are now threatening me that i am giving a negative talk about the company and they will blacklist me.They are harassing me i will have to die if this is the case........................
Dear Srilakshmi,
I am sorry for what has happened to you. But, I am unable to think that the purpose of our existence is to find a secured job only. Well, pecuniary disadvantage might have been the cause for your acceptance of the offer with such uncertain terms but anyhow you continued unsuspectingly till shown the exit by your former employer who proves his unscrupulous disposition by threatening you.Simply, shun such things and try to find a suitable job as early as possible.


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