Dear Sir,
You have really highlighted few imp aspects of this thread,and following is the complete details of the issue-
1-First this is clear my employment is workman as per the Act , as there is no supervision or managerial role duties performed by me.
2-My case history started in 2010-11, when me along with 3 other company workmen colleagues lodged complaint before the DLC through our local union ,alleging violation of SPE act 1976.Just after the complaint was lodged within first notice issued to the employer ,employer acted retaliatory and transferred one workmen among us to distant place stating business requirement.
Thereafter same transferred workman lodged separate complaint before DLC ,alleging malafide transfer order and same case is still pending before labour court and employee have not joined till date at transferred place(4-5 years have been passed)
Same time during investigations by the DLC employer was found guilty of of SPE(sales promotion employee) Act 1976 violations and recommend punitive action against the employer Managing director.Employer approached the high court and took stay of the said punitive case proceeding,same case is still at pending status.
3-----After affect of all this was that thereafter I being the senior most ,was subjected to discrimination ,and harassment on the name of sagging sales targets and even was called alone in review meetings and a pressure was built on me to ensure the withdrawal of all these pending case against the company or ready to face consequences. Being a workmen and fear of losing the job in case I raise the voice,I patiently handled the situation and not succumbed to management pressure and ultimately refuse to do so. Resulting company Sr. Manager humiliate and insult me in open meeting(40-45 employee of the company witnessed) and threatened me the of victimisation .
4-----this act of manager I opposed and raise the issue to HR on 28-12-2014 and complaint was lodged before DLC on 30-12-2014 under sec 10 read with sec-33 of Industrial Dispute Act 1947 ,apprehending victimisation.
5 -my complaint was taken on 30-12-2014 by DLC but at initial stage it was under investigation and first notice was served on 03-01-2015 to the employer.
6-------On 12-01-2015 I received my transfer order dated 23-12-2014 by private courier , and same I communicated to the DLC as a retaliatory action.
7- In response to my complaint the real date of conciliation proceeding started on 12-02-2015 ,I think at initial stage of complaint it was just investigation done by the DLC.
8-Next step taken by the employer is to stop my salary from March 2015,
9-currently conciliation proceedings are going on before DLC ,where employer is adamant to business transfer and myself is on other side alleging malafide ,no probability of mutual decision.
10-Myself is very clear in case I joined at my transferred place,company will certainly victimise me any how,because this attitude of the employer I am facing for the last 3-4 years.It is me who was not giving them any deficiency on my part to pin point at my duties.Incase I join at new place ,employer have sure pre plan to trap me somewhere .
11--kindly suggest me how to proceed further, I have the guts to fight and survive without salary as my family support is there ,but I need is legal guidance to proceed .
You have really highlighted few imp aspects of this thread,and following is the complete details of the issue-
1-First this is clear my employment is workman as per the Act , as there is no supervision or managerial role duties performed by me.
2-My case history started in 2010-11, when me along with 3 other company workmen colleagues lodged complaint before the DLC through our local union ,alleging violation of SPE act 1976.Just after the complaint was lodged within first notice issued to the employer ,employer acted retaliatory and transferred one workmen among us to distant place stating business requirement.
Thereafter same transferred workman lodged separate complaint before DLC ,alleging malafide transfer order and same case is still pending before labour court and employee have not joined till date at transferred place(4-5 years have been passed)
Same time during investigations by the DLC employer was found guilty of of SPE(sales promotion employee) Act 1976 violations and recommend punitive action against the employer Managing director.Employer approached the high court and took stay of the said punitive case proceeding,same case is still at pending status.
3-----After affect of all this was that thereafter I being the senior most ,was subjected to discrimination ,and harassment on the name of sagging sales targets and even was called alone in review meetings and a pressure was built on me to ensure the withdrawal of all these pending case against the company or ready to face consequences. Being a workmen and fear of losing the job in case I raise the voice,I patiently handled the situation and not succumbed to management pressure and ultimately refuse to do so. Resulting company Sr. Manager humiliate and insult me in open meeting(40-45 employee of the company witnessed) and threatened me the of victimisation .
4-----this act of manager I opposed and raise the issue to HR on 28-12-2014 and complaint was lodged before DLC on 30-12-2014 under sec 10 read with sec-33 of Industrial Dispute Act 1947 ,apprehending victimisation.
5 -my complaint was taken on 30-12-2014 by DLC but at initial stage it was under investigation and first notice was served on 03-01-2015 to the employer.
6-------On 12-01-2015 I received my transfer order dated 23-12-2014 by private courier , and same I communicated to the DLC as a retaliatory action.
7- In response to my complaint the real date of conciliation proceeding started on 12-02-2015 ,I think at initial stage of complaint it was just investigation done by the DLC.
8-Next step taken by the employer is to stop my salary from March 2015,
9-currently conciliation proceedings are going on before DLC ,where employer is adamant to business transfer and myself is on other side alleging malafide ,no probability of mutual decision.
10-Myself is very clear in case I joined at my transferred place,company will certainly victimise me any how,because this attitude of the employer I am facing for the last 3-4 years.It is me who was not giving them any deficiency on my part to pin point at my duties.Incase I join at new place ,employer have sure pre plan to trap me somewhere .
11--kindly suggest me how to proceed further, I have the guts to fight and survive without salary as my family support is there ,but I need is legal guidance to proceed .