Madhu.T.K
Industrial Relations And Labour Laws
[email protected]
Retired Government Servant/advocate

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Management terminated a Workman after 5 years of enquiry giving reference of the enquiry which was closed without declaration of any punishment and in between the dispute of said transfer was in courts. Management terminated with just one month salary which was not accepted and returned. How to overcome the issue. The matter is in high court. Management tactfully using the court award stating that employee is not entitled for any relief.
From India, Kanpur
Termination while a conciliation is pending before any authority is bad in law. Initiating a disciplinary action against any worker, not necessarily be a protected workman as per ID Act, should be with the approval of the authority under whom the conciliation proceeding is pending.
From India, Kannur
Your posting is out of clarity. You are telling the case is subjudice and on other part that management terminated the workmen by using the court award.
Are you the terminated workman or management staff?
What has to be done by the management they did. You need to wait till the HC gives verdict.

From India, Mumbai
Yes, the facts, as posted, lack clarity.
From India, Kochi
The case is of a terminated workman. The management terminated the workman after getting award from the labour court that the concerned workman is not entitled to get any relief from the court which has been further challenged in high court. The order of termination was without any financial settlement of unpaid salary for 5 years referring to the inquiry conducted 5 years back on Misconduct of not obeying the reasonable orders of the superiors by not joining the transferred location.
From India, Kanpur
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