Umakanthan53
Labour Law & Hr Consultant
KK!HR
Management Consultancy
Agupta
Associate Manager

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Hello, I joined the organization in Jan'17. It's Dec'17 and I am being asked to look for further opportunity outside since we have no role due to restructuring the organization. This was communicated to me verbally. My question to manager was why me since there are other people (AM's) but he did not answer my question. The contract which I signed does not include any such clause. Also, there is no such clause mentioned in HR Policies document. There is no issue with my performance or no behavioural/Disciplinary issue.
I want to lodge a complaint against the employer and my manager.
Thanks
-Anil

From your very brief query it is not known what is your designation or nature of work. Guessing that it is AM (Assistant Manager) but essentially being a workman (without a predominantly administrative or supervisory nature of duties) in service industry, it appears you are a 'Workman' and is covered under the Industrial Disputes Act 1947. Since you have completed nearly an year of service, your services cannot be terminated without complying with the legal requirements in this regard. As stated by you, there are no behavioural or performance issues and so no disciplinary action is involved, so your termination appears to be 'Retrenchment' and since its pre-condition viz, notice pay, retrenchment compensation, permission of Appropriate Government (?) etc not complied as per Section 25 F of ID Act, termination of your service is illegal and improper. You can challenge the action directly before Labour Court and there is no necessity to submit complaint to the Labour Inspector. I think you may consult a competent Labour Law practitioner
Dear Mr.KK!HR,
Let's not tender advice based on our presumptions for an apprehended problem presented with insufficient particulars. The reasons are, first the cause of action for seeking a legal remedy has not yet arisen. He has just been informed to look out for an alternative employment elsewhere by his manager. If it is an indirect threat for ousting the questioner for no good reason by his immediate superior, still he has the opportunity to approach the higher up in the organization. Second, we can not hastily conclude that he would be falling under the category of workman to seek redressal under the Labor Law unless the poster comes out with a complete narrative of his job specifications. Third, even he is presumed to be a workman under the ID Act,1947 he can not approach the Labor Court about his non-employment under section 2-A(ii) without exhausting the remedy of conciliation u/s 2-A(i) of the Act. Alternatively, if he happens to be a person employed under the State Shops& Establishments Act, then he has to prefer an appeal against his dismissal/discharge before the Appellate Authority under the Act. Therefore, let us wait and see what is the further response of Anil.

Agreeing to you Umakanthan Sir and awaiting full particulars of the matter, I refrain from any further comments
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