mohammed-aslam1
Dear seniors, One person was terminated from a company without any notice after a long service of 35 years. he was not paid any gratuity or any other benefits so he approached the labour officer for reinstating and it was informed by the company that he will not be reinstated and the labour officer further directed him to approach Gratuity authority for gratuity and labour court for retrenchment benefits. SO he approached gratuity authority and the same was ordered. and now can he approach labour court via 33 c 2 for retrenchment benefits.??
From India
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Umakanthan53
Labour Law & Hr Consultant

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Babu Alexander
293

Was he a workmen under ID Act? Than he is eligible for filing 33(C) 2 application. Other wise he can approach the Civil court.
From India, Madras
umakanthan53
5943

Dear friend,
The incomplete factual position in your post gives raise to questions of law as the one asked by Mr. Babu Alexander as well as some more questions of fact. In a dispute raised u/s 2-A(1) of the Industrial Disputes Act,1947, the Conciliation Officer cannot adjudicate when the employer holds the stand that the employee was not a workman u/s 2(s) of the Act to seek remedy and what he can do at most is to record failure of conciliation u/s 12(4) of the Act. Only the Labor Court can decide the issue and pass appropriate relief of reinstatement with back wages and continuity of service or certain amount of compensation in lieu thereof reinstatement including retrenchment compensation and wages for the period of non-employment in its award to be passed on the dispute filed by the employee u/s 2-A(2).
Therefore, if the employee was not a workman, his right to employment and the employer's right to dispense with his services emanate from the terms of the contract of employment only. Had the employer failed to comply with the terms of unilateral termination, it becomes a case of breach of the contract of employment against which the employee can claim damages only in a Civil Court as suggested by the learned friend above.

From India, Salem

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