Umakanthan53
Labour Law & Hr Consultant
Bharat Gera
Principal Hr Consultant
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Srinath Sai Ram
Hr Manager
RupalCiteHR
Employee

PRIME SPONSOR - FACTOHR - Payroll Software with GPS Enabled Attendance, Travel, Performance Management, HRMS. Explore Features
I had sent legal notice through lawyer to the company against illegal termination. I made demand to reinstate employment and recovery of unpaid salary. However, company didn't reply within timeframe mentioned in legal notice so I made a complaint in labour department. Management was not present in first hearing. Labour department sent another notice stating that if the management will not appear on 11th May, 2018 then labour department will take one sided action against the management.
Suddenly I got reply to legal notice after 50 days in which management informed that they have appointed sole arbitrator to resolve the issue. Date is not finalised yet.
What should I do now?
Cite.Co is a repository of information created by your industry peers and experienced seniors sharing their experience and insights.
Join Us and help by adding your inputs. Contributions From Other Members Follow Below...
Dear Rupal,
Are you sure that you were formally terminated i.e by means of written orders by your Company? If "yes", you can simply write back to the Company that since the dispute raised by you is seized of by the Labor officer/Asst. Commissioner of Labor, a competent authority under the Industrial Disputes Act,1947, you are not interested in any alternative redressal through a third party. If you are not skeptical about the present move of the company or need immediate resolution of the dispute at any cost irrespective of its nature, you can co-operate with the management. It is for you to decide.
Dear Rupal, Please furnish your Designation, Nature of duties Performed,Last drawn Gross Salary?Contents of your Termination letter, whether your Appointment letter includes clause for Arbitration? Details about your Employer
Thank you for reply. My appointment letter includes clause of arbitration. Can I reply to management through email that I am not interested in any alternative redressal through a third party i.e. Sole arbitrator as matter is pending with Labour department?
What action can labour department take if management is not appearing in hearing after many notices?
Dear Rupal,
I think that your correct answer to the right question raised by our learned friend Srinath about the capacity of your employment i.e whether an employee in the cadre of workman or supervisory or managerial would determine the further action to the latest move of your management since there is an arbitration clause in the contract of employment. It is a common practice followed by Labor Dept to issue notice to the Management whenever any complaint of non-employment is received. It is only a preliminary enquiry. Luckily, in any case, if the Management comes forward for an amicable settlement of the issue, the Labor Officer may assist the disputants settle the matter among themselves even when the complainant is not a workman. On the contrary, If the management comes with a negative response based on the status of the employment position of the complainant with evidence and questions the jurisdiction of the Officer on that ground, naturally he would advise you to approach the appropriate forum and close the file.
Dear madam,

I think we are not hitting the bull's eye in our replies in the absence of relevant information such as what is your designation, responsibilities and exact clause relating to so called arbitration in the appointment letter.
I D Act provides for arbitration process and appointment of arbitrator is with joint consent and no one party can unilaterily appoint Arbitrator in labour disputes.
But all this can be looked at after receiving above and other related information.
Regards,
Vinayak Nagarkar
HR -Consultant who
Thank you all for response. I worked as process associate in a Bpo. Arbitration clause is "Any and all disputes arising in connection with the appointment letter and service shall be referred to arbitration which shall be conducted in accordance with the arbitration and conciliation act, 1996 by a sole arbitrator appointed by the General council of the company. The venue of the arbitration shall be Delhi and the language shall be English. You agree to submit yourself to the exclusive territorial jurisdiction of courts at Delhi.
Can I reply to management through email that I am not interested in any alternative redressal through a third party i.e. Sole arbitrator as matter is pending with Labour department?
What action can labour department take if management is not appearing in hearing after many notices?
Dear Rupal,
Well, You were a "Business Associate" in a B.P.O. Still, we are not able to understand from that nomenclature whether the incumbent of the post would be a "workman" as defined u/s 2(s) of the Industrial Disputes Act,1947 or not. Simply speaking, a BPO organization performs any process or part of any process of another organization through its own employees. Therefore, right from the General Manager down to the entry level employee performing the out-sourced process activities in such a BPO would be its "business associate" only; hence decide for yourself where and how you fit in. Interestingly, now a days, in Private Sector, particularly in the IT and ITES Companies, the designations are rendered more attractive and fashionable by the usage of catchy phrases like business associate, sales executive, Team lead etc., though the duties they discharge are either basically technical or clerical or simply with some incidental supervisory functions. It is not the designation but the predominant nature of the work performed by the employee is the decisive factor in deciding whether he is a workman or not to seek redress under the ID Act,1947.
Coming to the arbitration clause in your appointment orders, you've not mentioned whether such a clause is included in the appointment orders issued to all employees in the B.P.O. The objective of the Arbitration & Conciliation Act,1996, as I understand, is to comprehensively cover international commercial arbitration and conciliation as also domestic arbitration and conciliation.
I have sent an email to HR manager yesterday that this matter is pending in Labour department so I am not interested to resolve the dispute through sole arbitrator. However, there is no response from the management yet.
Is a lawyer allowed in Labour department during hearing?
No lawyer is allowed in labour department conciliation.
PRIME SPONSOR - TALENTEDGE "Interactive Anywhere Learning". Executive courses from top reputed institutes like IIM, XLRI, MICA. View Courses

Add Reply Start A New Discussion






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2019 Cite.Co™