Labour Law termination issue - unauthorised leave of 4 days - CiteHR
Umakanthan53
Labour Law & Hr Consultant

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Dear All, Pl suggest one of college was terminated from Noida under unauthorised leave of 4 days . Company terminate on the spot and denied to pay any notice period amount without any domestic inquiry. Strange thing is that Noida Labour office inspector says that I have intimated to matter to your company now you can go to suit a case in civil. The inspector did not enquiry at all, no notice was sent to company, not a single hearing is done till the date. its almost 3 months passed nothing has happened.
Pl suggest next course of action as no one is ready to help in this case in labour court. Should we move civil court or can we take some action against inspector.

Straight dismissal for an unauthorised absence of 4 days is certainly a disproportionate punishment whether the delinquent is a workman under the ID Act,1947 or not. However, the recourse to remedy differs accordingly. You could have mentioned the post and its position held by your former collegue. Ex facie, the Labor Officer's suggestion may be based on the fact that your friend was employed in supervisory capacity with a salary more than Rs.10000/= p.m or in managerial cadre. In that case his suggestion is correct.
Sir,
He is a workmen as per ID act. How can labour inspector close the case without a single hearing now he is saying that pl hire a advocate I can not do anything. Pl suggest on the same.

If your contention is that affected individual is a workman under the ID Act,1947, he can raise dispute u/s 2-A (I) of the ID Act,1947 before the area conciliation officer (L.O or A.L.C as the case may be ) in which proceedings the appearance of lawyer is prohibited. On receipt of the C.O's failure report or after the expiry of 45 days whichever is earlier, he can file a dispute u/s 2-A (ii) before the Labor Court.
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