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Hello seniors, Greetings of the day!
One of employees at manager post had done the complain in labour department for his illegal termination. Whereas we did not terminate him but he said that management has done verbal termination. we produced with all the legal documents which were stating that neither he comes under the definition of the workmen nor management had terminated him. And all this had been happened in 03 to 04 hearing, and in mostly hearing he was not present in labour department and due to this labour department had made the unilateral on basis of our documentation and non presence of the other party . now again he did the same complain in same labour department . is it possible ?

From India, Rudarpur
Labour Law & Hr Consultant
Agm - Hr&admin
Plant Hr Head


Dear Ommygautam,
Whether an employee would be a workman u/s 2(s) of the ID Act,1947 is both a question of fact-cum-law which can be decided in adjudication only. Similar is the case of any disputed question of termination of employment. Therefore, it cannot be decided by the Conciliation Officer one way or the other except issuing a conciliation failure certificate.

From India, Salem


As per your statement primarily the Employee is not subjected any disciplinary action and was not issued with any termination letter and hence his representation with the Labour Department become void in the absence of any official communication issued to him. Secondly as he is working in supervisory cadre and hence there is no base for his complaint with Labour Department. You may submit a detailed report to the Labour Officer concerned about his baseless allegation against the employer.

From India, Madras
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