This is a case of illegal termination. I challenged it in the local labor officer's office. However, I found out that on the second date, the labor commissioner refused to interfere and asked me to go to court (and nowhere else). The MNC representative was adamant and said that they are not going to make any settlements, even though they terminated me illegally, and they remained silent about it.
Moreover, he confirmed twice with me about what I am planning to do next, as if he's afraid of me escalating the case.
Can anyone guide me?
From India
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2Moreover, he confirmed twice with me about what I am planning to do next, as if he's afraid of me escalating the case.
Can anyone guide me?
From India
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If they know that they terminated you illegally, they must be checking how firm you are on your stance. In my opinion, go to the labor court. It is also highly likely that the company will settle the matter before you file the case or soon after filing the case. But most importantly, don't lose hope and stay firm on your ground. Everything will fall in line soon.
From India, New Delhi
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From India, New Delhi
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Also please let us know the nature of your job i.e. JD so that we are sure that you are a workman as defined in the Industrial Disputes Act.
From India, Delhi
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From India, Delhi
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Legal Procedures for Illegal Termination
In cases of illegal termination, the Labour Officer cannot close the case abruptly. Instead, he must either attempt to conciliate and reach a settlement between the parties or file a conciliation failure report. If a failure report is filed, he must then either refer the case to the Labour Court or provide reasons for not doing so.
Options for the Terminated Individual
Regarding termination, the individual in question also has the option to directly approach the Labour Court, which is not possible in the case of other individual disputes.
Assessing the Case's Strength
To assess the case's strength, it is essential to understand your job description, the reason for termination, your current employment status (such as probationary, permanent, or temporary), and the duration of your employment. Additionally, details about your employment contract, including the terms of employment and the nature of the business or establishment (whether it is a factory or a commercial establishment), are crucial for further advice.
Only after obtaining this information can we provide you with appropriate guidance.
From India, Delhi
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In cases of illegal termination, the Labour Officer cannot close the case abruptly. Instead, he must either attempt to conciliate and reach a settlement between the parties or file a conciliation failure report. If a failure report is filed, he must then either refer the case to the Labour Court or provide reasons for not doing so.
Options for the Terminated Individual
Regarding termination, the individual in question also has the option to directly approach the Labour Court, which is not possible in the case of other individual disputes.
Assessing the Case's Strength
To assess the case's strength, it is essential to understand your job description, the reason for termination, your current employment status (such as probationary, permanent, or temporary), and the duration of your employment. Additionally, details about your employment contract, including the terms of employment and the nature of the business or establishment (whether it is a factory or a commercial establishment), are crucial for further advice.
Only after obtaining this information can we provide you with appropriate guidance.
From India, Delhi
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Do you fall in worker category as per ID act? how much is your basic salary? what is nature of your job?
From India, Mumbai
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From India, Mumbai
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Dear All,
He obviously falls under the category of a workman; otherwise, the Labour Commissioner would never have asked him to approach the Labour Court. Also, I would like to clarify the legal position that in the case of termination, any workman can approach the Labour Court directly without waiting for the conclusion of Conciliation Proceedings.
So maybe, as I mentioned earlier, the management may be observing the stance our friend takes, and if they see him deciding to go to the Labour Court, there is a high probability that they may settle the matter out of court. So cross your fingers and hope for the best.
Regards
From India, New Delhi
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He obviously falls under the category of a workman; otherwise, the Labour Commissioner would never have asked him to approach the Labour Court. Also, I would like to clarify the legal position that in the case of termination, any workman can approach the Labour Court directly without waiting for the conclusion of Conciliation Proceedings.
So maybe, as I mentioned earlier, the management may be observing the stance our friend takes, and if they see him deciding to go to the Labour Court, there is a high probability that they may settle the matter out of court. So cross your fingers and hope for the best.
Regards
From India, New Delhi
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The Labor Office told him to go to court; he is not specifically saying the labor court. We need to clarify this from him. Secondly, a Labor Officer cannot close the case of illegal termination like this; he has to write a monthly report where he gives details of all references. What will he write there? Thirdly, scrutiny of court and labor office may not be the same. A court goes into much more detail, and normally, the first preliminary objection (an objection even before going on merits) is that he is not a workman. He has to solidly prepare his case on this point, taking into account all the objections management may raise.
From India, Delhi
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From India, Delhi
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