Workers Left One's Own Accord But Demanding Retreanchment Benefit OR Regularisation Job With Principle Employer.

saswatabanerjee
Again, how will members on the forum tell you whether you should compromise or not?
We do not know the circumstances, what the other lawyer has presented, or what the details of the case is.
Your lawyer can give you the answer based on the possibility of the judgement going in your favour or against you.
MAHESH PRASAD GUPTA
Management ready to compromise with complainer but at the last moment of compromise complainer denied to settle so the case under decision after the argument from both side.
MAHESH PRASAD GUPTA
Finally complainer not agree for compromise, so the Honorable court award the case " complainer not eligible to get any compensation benefit, so no need to pass any instruction to employer" because
1. Not certified retrenchment by complainer (1st party) w.e.f. 01.09.12 hence not eligible to get any compensation under ID Act 1947, Sec 25 F.
2. Illegal termination is not certified, so complainer is not eligible to get any benefit.
3. No need to pass any instruction to employer (2nd Party).
Regards,
Mahesh Prasad Gupta
MAHESH PRASAD GUPTA
Honorable court award the case " complainer not eligible to get any compensation benefit, so no need to pass any instruction to employer" because
1. Not certified retrenchment by complainer (1st party) w.e.f. 01.09.12 hence not eligible to get any compensation under ID Act 1947, Sec 25 F.
2. Illegal termination is not certified, so complainer is not eligible to get any benefit.
3. No need to pass any instruction to employer (2nd Party).
Regards,
Mahesh Prasad Gupta
saswatabanerjee
Mahesh,
Thank you for updating us.
Very few queries on the forum have their logical and final conclusions listed
But one thing worries me - illegal termination not certified
Does that actually mean it's not illegal termination?
Or that complainant didn't get it certified by labour commissioner?
Is it a technical reprieve or on merit ?
MAHESH PRASAD GUPTA
Sir complainer not able to certified before the Honorable regarding his termination is legal because employer proof it the complainer left the job for his benefits.
Regards
MAHESH PRASAD GUPTA
Sir complainer not able to certified before the Honorable court regarding his termination is legal eventhough employer proof it the complainer left the job for his benefits. Regards
saswatabanerjee
Superb. Then you are safe and the matter is closed. Congratulations
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