Concerned About Delayed Conciliation: What Are My Options After Sudden Termination?

I was working in an IT MNC for more than 3.5 years in Noida as a software engineer. I was a permanent employee there. One day, the company's HR terminated me. They sent a termination letter with 2 months' salary in lieu of the notice period. They have not imposed any charges on me.

I have registered a case with the local DLC. Now, I have a conciliation meeting in the coming days, but I am concerned that the local DLC might delay the case. Could you please inform me of the time limit within which a DLC should complete the conciliation process and send the success/failure report to the government?

Can I directly go to the labor court regardless of the progress at the DLC office?

Thanks,
Ansh

Bravo! A good step. Since you have already approached the Delhi Labor Commissioner, wait for the result. You can also visit the office for an update if you don't hear from them in 15-20 days. If you don't receive a satisfactory response within the specified timeframe, consider making an RTI application to inquire about the status of your case.

Regards,
Ukmitra

Thank you, Ukmitra, for your reply. If I submit the RTI application, as per RTI law, they have one month to reply, so my case will be delayed again. Yes, I understand that with RTI, they may face trouble, but currently, my goal is to expedite the process and register my case in the labor court as soon as possible if the conciliation process fails.

I approached the Deputy Labor Commissioner of Noida on February 6, 2014, and my conciliation meeting is scheduled for March 16, 2014. I would like to know the time limit for the DLC to conclude the conciliation proceedings and submit the success and failure report.

I read somewhere that the employee can directly go to the labor court after 45 days of submitting the case to the DLC, regardless of the progress of the case. Can you please confirm this?

Thank you.

There is no specific time provided. However, certain chances may be granted through hearings. Your complaint is referred for conciliation, which is a speedy option provided for both parties to settle the matter and avoid lengthy proceedings. You feel it's delayed because of the lengthy period between hearing dates; however, it's common due to the number of cases in queue. Therefore, during the DLC call, request a shorter date.

Failure to settle in conciliation will result in a referral back to DLC. The company will file counters and proceed further. DLC is an ADRS formulated by the government for a speedy process. Failure in it will necessitate an approach to appellate courts (initially in the Labour Court) and beyond.

My humble suggestion is to engage a lawyer for your representation.

Thank you for your message. As per my understanding, I cannot have an advocate present during a conciliation meeting. I will attempt to resolve the case through the conciliation process. However, based on my past experience, the company may not cooperate with me. Therefore, I may need to proceed to the labor court.

Question Regarding Case Transfer

I have a question regarding this situation: Can I request the DLC to transfer my case to my native labor court? I am currently unemployed and unable to search for a new job because the company is not providing me with a relieving letter. Is there a provision in the law that allows for this kind of transfer?

Please confirm.

Thank you,

Ansh

Attribution: https://www.citehr.com/private.php?d...#ixzz2yN8f0P40

If the matter is not settled in conciliation, then it is referred back to the DLC. The DLC will call for hearings and will pass orders.

Most of the cases are decided in favor of employees if genuine. In your case, if you are genuine, then you will receive favorable orders. Let the company approach the appellate court if necessary.

File a memo seeking a transfer to the DLC near your native place, which will definitely be accepted, as per the protocol.

Also, file a memo requesting the immediate supply of your relieving order, as the company does not have the right to withhold it.

Retention of the certificates (relieving order) would amount to an offense under IPC section 406 (breach of trust), which is a criminal offense. Lodge a criminal complaint against the company and its officials.

Regards

Hello Manoj Sir, I have a termination letter. Can the company state that the termination letter serves as your relieving letter since they have included the date of joining, designation, and date of termination on it? However, I am unable to present this letter to any new company as my relieving letter. So, is it compulsory for the company to provide a formal relieving letter?

I am uncertain if the DLC has the authority to issue favorable orders to me in the event of conciliation failure. Or will the DLC remain impartial and only note the failure of conciliation without favoring any party? Because the DLC holds administrative power and not legislative power.

In other words, can the DLC issue orders for my reinstatement of service?

If possible, please share your contact number.

Thank you,
Ansh

Sorry, first of all, since you can't seek a relief order. As the termination letter is served, no relief order shall be granted. So, forget it.

DLC Process and Outcome

The DLC will be neutral initially and unbiased during the trial and in the verdict. DLC orders will stand up to the Supreme Court in appeal. If the DLC order is in your favor after 2 years, you shall be paid the salary for the entire 2 years as arrears. If conciliation fails, the DLC will proceed with further hearings to conclude orders. If the order is in your favor, it shall quash the termination, leading to your reinstatement of service along with the salary for the period between the termination day and the reinstatement day.

I am at [Phone Number Removed For Privacy Reasons].