Can a Company Fire a Manager Without a Charge Sheet or Inquiry for Poor Performance?

Can a company dismiss its employee from the position of Manager without providing any charge sheet or conducting a domestic inquiry if they are not satisfied with the work?

In such a situation, where the employee feels unfairly terminated, they may seek justice through the appropriate forum.

Manager is not covered under the Industrial Disputes Act, so he cannot seek relief through any other means.

The Manager designation itself will not automatically classify him as a manager. You should have proper documented proof to substantiate his job nature as a manager, administration, or supervision. This could include activities such as approving leaves for his subordinates, permission approvals, etc.

If someone is deemed to be a manager not by designation but by the nature of the post, then he will not be covered under the Industrial Disputes Act. Hence, he will not have any remedy from the labor courts or industrial tribunals. The only remedy left to him is to file a writ before the Honorable High Court.

What Mr. Ritesh mentioned is correct. Even under the ID Act, the person who is drawing an exorbitant salary like a pilot of an aircraft is a workman under this act. The nature of duties and responsibilities exercised by an employee is an important factor that decides whether he is a workman or not.

Mr. Arun,

The basic question arises: in what capacity have you asked this academic type of question without discussing any problem? Your question lacks relevance without a description of your real problem. It is unclear whether you are a manager who has been dismissed or an employer who wants to dismiss their manager without any charge sheet. I wonder if you think the dismissal of an employee is a casual action; it is not.

Thank you.

I am reaching out regarding my dismissal as a manager by the employer without any valid reason. The employer has exhibited exploitative behaviors towards its employees. I held the position of Manager HRD & Admin since September 25, 2015, and have had numerous verbal disputes with the employer on various issues such as the regularization of casual employees, timely payment of wages/salaries, and engaging in unlawful practices like extortion of employees. The most recent dispute arose when two casual staff members, who had been working since November 2015 and December 2015, were involved in a theft case within the organization. I reported the incident, and an FIR was lodged against them on behalf of the organization. The employer insisted on regularizing them on the payroll starting May 20, 2015, and I was trying to make him understand the consequences of such actions.

Despite my title as Manager HRD, I did not have any subordinates, so all HRD and administrative tasks were solely handled by me.

Seeking Assistance for Unfair Dismissal

Given this situation, am I eligible to seek assistance from any agency? My intention in seeking relief is not for my reinstatement but to ensure that the organization ceases its unethical practices.

Thank you.

Dear Arun,

My belief is "solution is always there." But, the main documents need to be examined along with other facts if taken on record, as you described here now.

So, would you like me to see your dismissal order for analysis? If you don't have any objection, you may send a scanned copy of the order through email [dcgroup1962@gmail.com] and also intimate which of the incidents have been taken on record by the organization, as you stated in your latest post.