Industrial Dispute Act - CiteHR
Umakanthan53
Labour Law & Hr Consultant

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hi.
My father is working with bhushan private limited chandigarh on a clerical post from last 23 years. one day his employer just told him not to come to the office without giving any notice. Does this act of employer comes under industrial dispute act as retrenchment? and does my father has any right to claim any compensation? If yes then please guide.
thank you

Your father can raise a dispute u/s 2-A of the Industrial Disputes Act,1947 before the Labour Officer for the area.
Thanks for the reply sir..
Is this practically beneficial to go for case under sec 2 A Or we just waste our time And money by doing so. Is it slow and time consuming process? We are affraid if we file a complaint under the said section the company will delay in making other benefits like gratuity or pf.

My father salary is above 10000. Is he not covered under workmen of ID ACT?
Dear friend,
It is the nature of the work performed that determines the status of the job. IF your father had been employed to do any manual,skilled or unskilled or clerical work, then his salary has no relevance.
What I suggested is the only speedy and efficacious remedy available to a workman against any unlawful termination of his employment. Every remedial effort has a time frame. If it is delayed for some reason or the other, you have to put up with it. The Court can grant a relief of reistatement with back wages or some monetary compentation in lieu thereof depending upon the circumstances of each case. So no one can fix the time limit or consider it as a waste of time because retrenchment compensation against illegal termination can not be claimed without instituting a case under the Act. If gratuity is delayed, the employer will have to pay interest for the entire period of default and for settlement of PF you need not solely depend on him if he is non-co-operative.

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