Dinesh Divekar
Business Mentor, Consultant And Trainer
Umakanthan53
Labour Law & Hr Consultant
Swetha_8492
Student Advisor

Thread Started by #swetha_8492

Warm Greetings! I was wrongfully terminated from services by my ex employer four years before with out termination notice and letter . With out my resignation letter , they sent relieving & experience letter as i resigned from their services to my residence. I had served them legal notice to which they replied that i was absconding from work and they never terminated me. Since they were so influential i ignored and started trying job with other companies. I was not understanding the reason why i could not land in job , till a company revealed to me that they received an email & call from ex employer . In that email my ex employer written that i was terminated for official reasons. Due to this i lost this job also. Now since one year my case is going on in labour court. Initially in court counter statements also they have lied that i was not terminated and they never sent email to other companies about my employment. Now i have recovered the BGV mail they sent about me and submitted to court. Now my concern is , four years have been wasted and my carrier is completely destroyed , how much compensation can i expect from labour court for these four years & my complete carrier has been destroyed ? Am representing case myself... so can i claim damages and mental harassment charges as well from labour court ..?


6th September 2015 From India, Bangalore
Dear Swetha,
I appreciate your constant efforts, courage and determination to fight for justice. However, I think that the case is still pending before the Court. If the Court you mentioned is actually a Labour Court constituted u/s 7 of the Industrial Disputes Act,1947, it has got power to award compensation in stead of reinstatement. In such a situation, the Court will relate back to the date of your wrongful termination and determine the amount of compensation to be awarded.
6th September 2015 From India, Salem
Dear Umakanthan,
Thanks for your response. But i would like to know how court will calculate compensation?By now i would have been earning minimum fixed salary of 35,000per month along with monthly & yearly incentives and bonus , if ex employer was not blacklisting me by sending mails to other companies.
Now my complete carrier has been destroyed by ex employer. How much compensation can i expect ? For entire lifetime career damaging court will offer me ?
7th September 2015 From India, Bangalore
Dear Mr Madana Gopalaswamy,

I do not know what is your association with legal activities or Indian judicial system, I recommend you not demotivating someone if he/she is standing up to employer's injustice. By saying that the going to labour court is sheer waste of time, you are recommending the poster of this post to be docile or subservient. Please note that employers are not feudal lords and neither employees are their subjects. Yes, Indian judicial system moves at snail's pace and this benefits high and mighty of the society yet someone has to take up cudgels and that is what Shwetha is doing.

While giving advice to Shwetha to be timid and not going against the flow, you have forgotten a basic rule of business writing and that is not to write a reply in block capital letters. When would you like to learn these basics?

For Shwetha: - You have got reply from Mr M Umakanthan. While replying his post, you have addressed him as "Dear Umakanthan". Is it appropriate to address Retired Additional Commissioner of Labour as if he were your friend? What held you back from addressing him as "Dear Sir" or "Dear Mr M Umakanthan"?

Thanks,

Dinesh Divekar


9th September 2015 From India, Bangalore
Dear Mr.Madanagopalasamy,

From a practical perception your view that instead of wasting her time in a lingering legal battle, Swetha might seek for an alternative employment elsewhere certainly deserves appreciation. However, conceptually the value of time is not determined by its duration but the positive effects it brings about. In the era of post-L.P.G i.e.,[Liberalisation, Privatisation and Globalisation], the high degree of employability upon which your suggestion firmly rests is the basic reason for certain employers' unethical, unscrupulous and illegal acts which go unnoticed and uncomplained of. It is like injustice somewhere unnoticed is a threat to justice everywhere is the essence of Mr.Divakar's observation.

Coming again to Swetha, whether a person employed is a "workman" under the Industrial Disputes Act,1947 is a point of preliminary issue to be decided by the Labour Court before deciding the dispute of his dismissal or discharge or non-empoyment. So, be sure about your employment status before your termination. Compensation for wrongful termination can not be equated with that of a compensation for life-long incapacitation. At best it can be a lumpsum based on your last-drawn salary from the date of termination upto the date of award plus legal expenses.
9th September 2015 From India, Salem
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