Dinesh Divekar
Business Mentor, Consultant And Trainer
R B Yadav
Advocate & Management Consultant On Labour
Ravi Khandelwal 90746
Assistant Manager Ir
Nathrao
Insolvency N Gst Professional
Korgaonkar K A
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RupalCiteHR
Employee

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Company terminated my services without valid reason. I had sent legal notice through lawyer to the company to reinstate employment and recovery of unpaid salary. However, company didn't reply within timeframe mentioned in legal notice.
What should I do now?
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Request the Lawyer to proceed by filing petition before the appropriate forum, for claim of re-reinstatement with back wages.
Dear Rupal,
When company preferred not to give reply to lawyer's notice, then it shows that they have made their mind to settle the issue legally. Therefore, the only option that is with you is to file a suit.
By the way, before your termination, did the company conduct domestic enquiry? Valid or otherwise, on what reasons you were terminated? How were your relations with your manager?
Please provide further information.
Thanks,
Dinesh Divekar
Hi All,
Thank you for quick response. Management offered bench letter and instructed me in written to report designation work location to look for the Internal job postings. I and the management signed and accepted bench letter on the condition that designation work location would be reporting location. However, they didn't provide access to the office and forced me to report at a different location. I refused to breach the agreement. After that Management terminated my services.
There could be two reason for No reply to legal notice.
The company does not think, ex employee will really go court and spend his time and money
The company is ready to face litigation.
What were the circumstances of your termination?
Was it not as per appointment order?
Dear Rupal,
Case 1:
Have you read bench letter clause? Because you have sign on it.
If any clause were there to terminate your service then it would be legal.
In this case you are not advice to file civil suit.
Case 2:
If there where not any clause to terminate your service, then you have full right to file civil suit.
Regards,
Ravi K
Assistant manager IR
Dear Rupal ji,
Your question is rightly answered by Mr. Babu Alexander.
But, one question arises in my mind over here. When you hired an advocate and serve a legal notice upon your ex-employer through him, then why you felt to ask a question on this forum as to what to do when your ex-employer chooses not to respond your legal notice?
One should always have a full trust on a person with whom he deal with.
This forum has no document or paper of your employment, your job profile, so called bench letter issued to you, the termination letter issued to you, etc. Without those documents it is very wrong to give any opinion.
Second opinion can be sought with those documents, if you feel, on the advise of your advocate.
Dear
You can file demand notice under section 2-A of Industrial Disputes Act, 1947 by way of claiming re-instate in service or compensation in lieu thereof from the Company. Prior commenting upon the issue, one should try to know the category of the employee whether he/she will fall under the definition of the employee as defined under section 2 (s) of the ID Act, 1947. If you fulfill all of the requirement of section 2 (s), you can directly file a demand notice before the competent Officer (Labour Officer cum Conciliation Officer/ALC) concern.
Dear Rupal ji,
It seems you are from Delhi.
Just find out whether Delhi Labour Commissionerate office has a special service like Maharashtra Labour Commissionerate office has, viz. Personnel Management Advisory Service Scheme (PMAS).
It is ‘informal’ mediation machinery which deals with disputes between employee and employer apart from statutory conciliation machinery.
You can try this if it is there in Delhi irrespective of your position / designation. Mostly this type of service is not there in Delhi.
This system in Maharashtra, many stakeholders do not aware of it.
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