Umakanthan53
Labour Law & Hr Consultant
Kritarth Consulting
Posh Programs; Hr Management Consultants
Aks17
Compliance Manager

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Hi my name is navendra company terminate me during lockdown. I have worked hard both on fled and home but company had deducted my salary in the month of March also I don't have the contact of HR
So first I file a complaint to labour court when labour court ask for the company about the matter, my manager said it is misconduct and without hearing my side they terminate me, also I ask to company's owner about the salary on twitter then they terminate me on immidiate effect on the ground of misconduct .
What I do now?

From India, Kair
Hi
Since you have already taken up the matter with the Labour Court and they too have decided on the issue, you need to take a copy of the judgment and see what exactly is in there [preferably with a lawyer] and take appropriate steps like appeal etc.
I doubt if your ex-employer would entertain any request at this stage as the company has got the decision in their favour.
Thanks and Regards

From India, Hyderabad
You can obtain a copy of the said Labour Court's Decision as you inform in your Post which is What the Labour Court under the Laws are bound to issue to you in response to your Written Representation againgst your Unlawful Termination for Acts of Misconduct on your part. when you approached them in writing.

Every Employer in India is bound by Laws to Give all Reasonable Opportunity to the Employed Person before Terminating the Employment for Misconduct. Reasonable Opportunity consists of:--

i) First Intimating the Employee in writing of the Alleged Acts of Misconduct committed by her/him and asking for a Wriiten Explanation/Reply in defence of the allegations;

ii) Appointing an Inquiry Officer or Committee to inquire into the Leveled Allegations, in accordance with Principles of Natural Justice and as per Procedures precribed for Domestic/Internal Inquiries including "Opportunity to Cross-Examine" Evidence etc

It is beyound comprehension as to How any Labour Court can be Silent on the Most Crucial Facts of Employment Law which in your Case as stated by you, is How Come without a Prper, Fair & Just Domestic Inquiry your Employment/Srvice was Terminated.

Injustice Anywhere is Threat to Justice Elsewhere. The Idea of Aatm Nirbhar Bharat Hinges on Justice in all Walks of Life.

Harsh K Sharan, Freelance Inquiry Officer

Kritarth Team,22.6.2020

From India, Delhi
Dear Navendra,

The drafting of your query is not clear. The forum you approached must be the Labor Officer and not the Labor Court. If you were employed in the category of workman so defined under the Industrial Disputes Act,1947 and wrongfully dismissed or discharged or retrenched, you can raise an industrial dispute u/s 2-A(1) of the IDA,1947 against your employer before the Conciliation Officer for the area who will be a Labor Officer or Asst.Commissioner of Labor. It is his duty to invite both the workman and the employer and initiate conciliation proceedings to promote an amicable settlement. If not possible, he has to issue a certificate to the effect that his conciliation failed within 45 days from the date of receipt of the dispute. Then it is for the workman to file a dispute u/s 2-A(2) of the IDA,1947 before the Labor Court for the area claiming reinstatement with back wages and continuity of service and all attendant benefits. The Labour Court would conduct an inquiry and pass its award accordingly.

Termination of the services of a workman for any alleged misconduct by the employer should have been preceded by a disciplinary proceedings as per the Principles of Natural Justice. If not the termination would be wrong and illegal.

Therefore, insist a certificate from the conciliation officer to whom you lodged the complaint and then approach the Labor Court as mentioned above..

From India, Salem
Labour officer ne phone kara tha company me ke appne employee ke paise kyon kaate ,phir company ne mujhe phone kara ke labour officer ya labour court me shikayat karna misconduct hai ,aur twitter per salary ke liye poochna misconduct hai to apko company se nikala jaata hai immediately
Aur mujhe 29 April ko terminate kar diya ,25 mar 2020 se abhi tak ki salary bhi mujhe nhi di hui hai
Mera manager mujhe report naa daalne ke liye bhi force kar rha tha
Kripya app log kuch guidence dijiye

From India, Kair

Attached Files
File Type: pdf Emailing Navendra Kumar_Termination.pdf (504.5 KB, 70 views)
File Type: pdf Chat With Company.pdf (1.51 MB, 59 views)

@Umakanthan53
Company main bussiness is wholesale distribution they are not drug manufacturers
Job Nature Sales and payment collection from stockist
I'm not a supervisor ,all person report to Satyaveer and Pradeep respectively General Manager and Area Sales Manager
Monthly salary 20500
Last salary Drwan 17083/-
These are the call recording but in hindi language
https://drive.google.com/file/d/1rQg...w?usp=drivesdk
https://drive.google.com/file/d/1SC7...w?usp=drivesdk
https://drive.google.com/file/d/1MV-...w?usp=drivesdk

From India, Kair

Attached Files
File Type: zip Sirona Hygiene Pvt Ltd.zip (8.67 MB, 13 views)

From the further inputs you have furnished, it seems that though your designation was "Sales Officer", the nature of the job was neither managerial nor supervisory and as such you were a workman under the IDA, 1947.
If the earlier complaint was only about non-payment of wages/salary, you have to file a fresh complaint u/s 2-A(1) and later under 2-A(2) against your illegal dismissal as described in my previous post.

From India, Salem
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