Dear seniors, I would like to seek clarification for the matters mentioned below and way forward.
This is not a hypothetical scenario; it is based on the true events and facts.
An employee who worked for Global MNC as stores assistant from the year 1986 by that time he was a daily wage employee but the salary slip was from the company name.
In the year 1990 the employee becomes monthly salary worker (Consolidated monthly temporary worker) salary slip in company name.
In the year 2002 the employee demands permanency from the company being worked for more than 16 years.
Eventually the employee approached Labour department for help and the conciliation proceedings took place and verdict was in the favour of the employee awarding permanency.
The company gone for appeal in Labour court challenging the award. Mean time the company issued termination order while the case was in proceedings in the year 2005.
Challenging that the employee filled a separate writ petition in Labour court against it,
The employee has been denied in the office premises.
Labour court judgement came in 2012 in favour of the employee awarding reinstating with back wages.
The employer again appealed in the high court and the case is still pending.
The employer has no means of evidences and proofs and just for dragging the case appealed in the high court.
The employee has strong evidences with him and has a strong hold on the case, but financially deprived and needs to travel from his native to Chennai for every hearing which is of 350 kms from Chennai which he finds very hard.
Mean time the employee fallen sick very badly were he can hardly walk and adding fuel to fire no judges were appointed which again dragged the case further.
Now as the company knew that they cant win the case they are approaching the employee lawyer for out of the court settlement and the amount they quote was very less and the employee is not satisfied by it (The case is running for about 15 + years and if the employee would have been made permanent as per his grade he will be getting around 45,000 /PM confirmed from other employee who worked with him and still working in the same company)
The company has offered around 25 lakhs were as the employee demand is way higher than that because of his present health condition and family situation.
Also the company has not sent any formal settlement negotiation letter or mail in this respect. The company lawyer approached the employee lawyer.
Help required
1. Does the settlement amount offer was truthful, considering the long hard battle fought by the employee and poor health issue. (the employees age is 52 now)
2. Can the employee directly approach management weather they have proposed the offer in align with the employee lawyer
3. What can be the employee demands in amount offered? (At the time of termination the employee was getting Rs 8000/- appx as monthly salary)
4. The employee father was murdered while on duty while visiting one of the mines of the company based on which the employee was given job, but in the case proceedings the employee has not mentioned anything regarding it and proofs for the same is also with the employee. Can he open this in court now?
Happy to share any documents personally. We all know that labour Case will take time but 30 years is too long, proper guiding could benefit employee to the fullest. If any additional info required also happy to share.
This is not a hypothetical scenario; it is based on the true events and facts.
An employee who worked for Global MNC as stores assistant from the year 1986 by that time he was a daily wage employee but the salary slip was from the company name.
In the year 1990 the employee becomes monthly salary worker (Consolidated monthly temporary worker) salary slip in company name.
In the year 2002 the employee demands permanency from the company being worked for more than 16 years.
Eventually the employee approached Labour department for help and the conciliation proceedings took place and verdict was in the favour of the employee awarding permanency.
The company gone for appeal in Labour court challenging the award. Mean time the company issued termination order while the case was in proceedings in the year 2005.
Challenging that the employee filled a separate writ petition in Labour court against it,
The employee has been denied in the office premises.
Labour court judgement came in 2012 in favour of the employee awarding reinstating with back wages.
The employer again appealed in the high court and the case is still pending.
The employer has no means of evidences and proofs and just for dragging the case appealed in the high court.
The employee has strong evidences with him and has a strong hold on the case, but financially deprived and needs to travel from his native to Chennai for every hearing which is of 350 kms from Chennai which he finds very hard.
Mean time the employee fallen sick very badly were he can hardly walk and adding fuel to fire no judges were appointed which again dragged the case further.
Now as the company knew that they cant win the case they are approaching the employee lawyer for out of the court settlement and the amount they quote was very less and the employee is not satisfied by it (The case is running for about 15 + years and if the employee would have been made permanent as per his grade he will be getting around 45,000 /PM confirmed from other employee who worked with him and still working in the same company)
The company has offered around 25 lakhs were as the employee demand is way higher than that because of his present health condition and family situation.
Also the company has not sent any formal settlement negotiation letter or mail in this respect. The company lawyer approached the employee lawyer.
Help required
1. Does the settlement amount offer was truthful, considering the long hard battle fought by the employee and poor health issue. (the employees age is 52 now)
2. Can the employee directly approach management weather they have proposed the offer in align with the employee lawyer
3. What can be the employee demands in amount offered? (At the time of termination the employee was getting Rs 8000/- appx as monthly salary)
4. The employee father was murdered while on duty while visiting one of the mines of the company based on which the employee was given job, but in the case proceedings the employee has not mentioned anything regarding it and proofs for the same is also with the employee. Can he open this in court now?
Happy to share any documents personally. We all know that labour Case will take time but 30 years is too long, proper guiding could benefit employee to the fullest. If any additional info required also happy to share.