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Which is better to fight case against organization from Employee end for reinstatement with backwages prayer for forced resignation or termination cases ?

Employee who are all completed 1 year service in organization through Shops and establishment act in tamilnadu


Employee who are all completed 1 year service in organization through Industrial dispute act ,1947

From India, Chennai

The objective of Shops and Commercial Establishments Act is not redressal of complaints but the Industrial Disputes Act is meant for dispute redressal. Therefore, a complaint for forced resignation should be filed following the relevant provisions of the ID Act only.
From India, Kannur

Termination or dismissal in any form can be challenged under ID Act, if the termination is not proper.
There is nothing called forced resignation. Because the resignation letter of the employee doesn't bear the reason that his resignation was due to threat form the employer to sign the letter.
In my view better search for a new job because your case would linger for several years. You are the best person to decide your course of action. The suggestion is on the basis of your posting.

From India, Mumbai

If you're dealing with a work issue and thinking about taking legal action against your employer, the choice between the Industrial Disputes (ID) Act and the Shops and Establishment Act depends on what the problem is about. The ID Act is more for things like getting unfairly fired or disputes about work conditions in industries, while the Shops and Establishment Act is more about rules for daily work life in places like shops or offices.

If it's about bigger work problems and discussions with your employer, the ID Act might be the way to go. But if it's about everyday things like your work hours or breaks, then the Shops and Establishment Act might be more fitting.

Remember, it's a good idea to talk to a legal expert who can help you figure out which path is best for your specific situation. Every case is different, and understanding these laws will help you make the right choices.

From India, Kolkata
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