Facing Sudden Job Loss After 3 Years: How Can I Seek Justice and Support My Family?

I, Sri Satya Ranjan Mishra, have been working at 'UTKAL BUILDERS LTD' in Bhubaneswar, ODISHA for the last 3 years. I held the position of Assistant Sales Manager.

On 17.04.2015 at 11:30 PM, Mr. Amit Baid (one of the directors) suddenly told me to leave my job. I was shocked to hear this. I did not argue and left the office.

For the last 3 years, I have performed my duties and responsibilities with 100% effort and honesty. Due to the politics of two people, Mr. Amit Baid (director) made a blind decision.

I sent an SMS to Mr. Subhash Chand Bhura (Managing Director) and Mr. Prakash Chand Bhura (Director). They responded that it would be discussed and then finalized. After that, I sent several SMS messages seeking justice from our Managing Director, but I did not receive any reply from him. Therefore, I am seeking your help for justice.

As I am the only earning person in my family, and my father has passed away, four members, including a small daughter of 5 months, depend on me. How can I suddenly find a new job? How can I survive in Bhubaneswar, where everything is very expensive? I am experiencing mental harassment.

Please help me and advise me on how I can get justice. I am not finding the right way. Please, sir, help me, and I will be very obliged to you.

Regards,
S.R. Mishra

Sorry to hear about your situation. It's a hard phase that you are going through. You have three years of good experience and qualities that are hard to find, i.e., honesty and dedication towards your work.

While I am not sure about your previous organization coming back to you, I believe you will get a better job than the one you had. Please don't allow these circumstances to take away your hope. Stay focused, and instead of trying to get your previous employers to give you justice, please look for other opportunities. I believe and hope that in the future, you will look back and say whatever happened was for good.

Take care.

Your situation is really unfortunate. Sudden dismissal is a shock for a family man dependent on your income. I would advise you to look around for another job immediately and utilize your 100% dedication in getting work. I would not advise any legal proceedings as it is time-consuming and expensive. Will you use your savings for fighting or keeping it for family needs?

Financial Preparedness

I always advise people in private enterprises to keep a six-month reserve of funds to face such situations. You can, of course, try to meet the MD for redress. You can write to CREDAI in case your builder is a member, for whatever it is worth. But your only hope lies in securing another job. Keep that as a priority. You have our best wishes in securing a job.

Legal Recourse for Unlawful Termination

In case your nature of duties was that of a workman defined under the Industrial Disputes Act, then your termination is illegal. Pursue your complaint with the Labour Commissioner, and through the labor court, you may be reinstated.

If you were not covered under the ID Act, then under section 14(4A) of the Orissa Shops and Establishment Act, you could not have been terminated without paying one month's salary in lieu of the notice period by the employer. File a complaint before the inspector under the Act to have the illegal termination set aside.

You need not spend any money to fight litigation. Approach the Legal Aid authority under the State. They will deploy a counsel free of cost. In the meanwhile, look for another job. Also, request interim relief.

Thanks,

Sushil

I also agree with the suggestion of Mr. Sushil. You must seek help from the Labor Department. They will definitely assist you in this regard.

Thank you.