I was terminated illegally and my full and final settlement is not made yet. Not following principles of natural justice, no disciplinary action was taken if it was any misconduct, my service is 3.5 months only, but I was a confirmed employee not on probation. Complaint to labour commissioner office.
Total 5 hearing held but no one from company management came in hearing.
The Labour officer gave me a closure report and instructed me to go labour court and their role is over.
Can I file a case on the labour court as my period of working is 3.5 months only.
But the company has mailed me about my termination after 6 months.
Which was 1 month prior to lockdown and 5 months of lockdown.
Please help.

From India, Mumbai

Dear Mahesh Viswakarma,
Now you need to request the Labour Department in Secretariat to refer your matter to Labour Court/Tribunal on strength of the closure notice sent by the Conciliation Officer. Sue moto Government may not send a reference to the Labour Court/Industrial Tribunal, unless pursued.
This will not be a easy task to pursue by yourself. For a better result consult a good lawyer of the Labour Court/Tribunal to help you in the matter. The lawyer knows how to proceed in the matter, because lawyers have contacts and connection in the department of Labour.

From India, Mumbai

Frankly, going to court for anything in india is a long-drawn and expensive affaire

The question is, are you capable of fighting the case?

Or is the local union willing to support you.

If you win the case, what are you expecting? Are you going to be able to join back to the company? (we do not know about the size, nature of business, location, whether factory or office and why the services were terminated).

In general, anyone going to court against the employer will also find it difficult to get another job because the HR department in the places you apply will not want you on account of you being considered a 'troublemaker'.

Considering that the country was in a lockdown for 5 months, they do have an excuse for not giving you the termination letter on time (the office was probably closed, or operating with a skeletal staff) and the lockdown may itself be a ground for retrenchment. You have only few months of work there and the retrenchment compensation will also not be high. Considering that retrenchment is recommended on LIFO basis, you are probably the one they are authorised to remove.

If after all this, your lawyer is sure you will get reinstated (with back wages), then by all means, you have the right to take this to the court.

From India, Mumbai
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