Company has illegally terminated on false & base less cause of poor performance, without completing management appraisal system & taking permission from government authorities. I have informed labour commissioner & collector about this but no action is being taken by them please advice me what to do.
From India, Indore
From India, Indore
I presume that you are a 'workman' under the Industrial Disputes Act, since you have already lodged complaint before the Labour Commissioner. If conciliation before the Labour Commissioner does not give any result, then you have to file the case before the Labour Court/ Industrial Tribunal.
From India, Kolkata
243From India, Kolkata
Sir
U have not revealed all. What u r doing. Performance norms applicable or not to ur post...
Y govt. Is essential to inform...
Wait for labour court decision....
Something is wrong in ur version....
From India, Nellore
U have not revealed all. What u r doing. Performance norms applicable or not to ur post...
Y govt. Is essential to inform...
Wait for labour court decision....
Something is wrong in ur version....
From India, Nellore
Mr Madan,
If you are a workman, you should raise the demand notice under section 2 (K) of the Industrial Disputes Act 1947 to the area Labour Inspector - cum - conciliation Officer narrating the whole dispute and the conciliation officer will summon the management under intimation to you for conciliation. During the conciliation, if the dispute is settled between both the parties, a settlement will be taken on record under section 12(3) otherwise, it will be referred to Labour Court through appropriate authority under section 12(4) of the Industrial Disputes Act 1947.
P K Sharma
From India, Delhi
If you are a workman, you should raise the demand notice under section 2 (K) of the Industrial Disputes Act 1947 to the area Labour Inspector - cum - conciliation Officer narrating the whole dispute and the conciliation officer will summon the management under intimation to you for conciliation. During the conciliation, if the dispute is settled between both the parties, a settlement will be taken on record under section 12(3) otherwise, it will be referred to Labour Court through appropriate authority under section 12(4) of the Industrial Disputes Act 1947.
P K Sharma
From India, Delhi
thanks for your replies, i was appointed as diploma trainee in a company then after training period of one year i was appointed as asstt. foreman then after six years i was promoted as foreman then after five year i was promoted as an officer, then after five years illegally terminated,i filed a case in labour court after 10 years court replied that case is not applicable in this court. Then i complained to labour commissioner & collector but of no benefit. please suggest what to do?
From India, Indore
From India, Indore
Dear Madan: You have worked in the said company almost 16 years which seems to be a reputed one. No company in repute shall make such illegal termination. You please come with real facts of your case so that this forum will guide you suitably. Half handed information may not yield good results. What is happening to you? Why such Termination ? Have you done any blunder mistake? In which court you have filed a case? In an Industrial Dispute, you may not directly approach the court bye passing the Conciliation proceedings?
From India, Mumbai
From India, Mumbai
"i filed a case in labour court after 10 years court replied that case is not applicable in this court. Then i complained to labour commissioner & collector but of no benefit."
What was the reason for filing the case? Why did the court take 10 years to dismiss the case on grounds of maintainability (assuming you were considered not as a workman under the ID Act). Did you appeal to the higher forum?
If you are not a workman, then what is the purpose of filing a complaint before Labour Commissioner again? What is the demand in the complaint? If you are not a workman, even labour commissioner will not have jurisdiction too.
Please clarify the situation for better reply. Since you have contested a case for 10 years, I think you already have a lawyer. It is advisable to take up the matter with him.
From India, Kolkata
What was the reason for filing the case? Why did the court take 10 years to dismiss the case on grounds of maintainability (assuming you were considered not as a workman under the ID Act). Did you appeal to the higher forum?
If you are not a workman, then what is the purpose of filing a complaint before Labour Commissioner again? What is the demand in the complaint? If you are not a workman, even labour commissioner will not have jurisdiction too.
Please clarify the situation for better reply. Since you have contested a case for 10 years, I think you already have a lawyer. It is advisable to take up the matter with him.
From India, Kolkata
Mr. Madan,
Your query has no lcus standii. You had been in supervisory position for about 10 years, as foreman and officer. So, your case did not fall within the scope of a labour court. You waited for 10 years just to hear that your case did not lie within the jurisdition of labour court is astonishing. Even after their intimation, you could not understand what is what and represented to the labour commissioner and collector in wait for hearing his reply. That is more estonishing event.
All these factors show as if you have poted merely a fabricated academic query, not a real proble that could have happened with you.
Also, do you feel that you are the sole judge of your own case to decide that your termination was illegal, when you have not discussed in detail about what exactly the language was of your termination letter?
Still further, on what ground or under which provision of any Act do you feel that permission of Government authority was required before making your termination.
And at last a question arises, when you had been suffering for the last more than 16 years, and you had also been a member of this forum for about 5 years, what is the reason that you have taken up this issue only recently 3 days back?
From India, Delhi
Your query has no lcus standii. You had been in supervisory position for about 10 years, as foreman and officer. So, your case did not fall within the scope of a labour court. You waited for 10 years just to hear that your case did not lie within the jurisdition of labour court is astonishing. Even after their intimation, you could not understand what is what and represented to the labour commissioner and collector in wait for hearing his reply. That is more estonishing event.
All these factors show as if you have poted merely a fabricated academic query, not a real proble that could have happened with you.
Also, do you feel that you are the sole judge of your own case to decide that your termination was illegal, when you have not discussed in detail about what exactly the language was of your termination letter?
Still further, on what ground or under which provision of any Act do you feel that permission of Government authority was required before making your termination.
And at last a question arises, when you had been suffering for the last more than 16 years, and you had also been a member of this forum for about 5 years, what is the reason that you have taken up this issue only recently 3 days back?
From India, Delhi
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