Facing Termination Over 4 Days of Unauthorized Leave: What Are Our Legal Options?

Termination Due to Unauthorized Leave

Please suggest, one of our colleagues was terminated from the college in Noida due to unauthorized leave of 4 days. The company terminated him on the spot and denied paying any notice period amount without conducting any domestic inquiry.

Issue with Labour Office Inspector

A strange thing happened when the Noida Labour Office inspector stated that he had informed the matter to our company and suggested filing a civil case. However, the inspector did not conduct any inquiry, no notice was sent to the company, and there has been no hearing to date. It has been almost 3 months, and nothing has progressed.

Seeking Advice on Next Steps

Please suggest the next course of action, as no one seems willing to help in this labor court case. Should we pursue the civil court route, or can we take some action against the inspector?

Thank you.

Straight dismissal for unauthorized absence

Straight dismissal for an unauthorized absence of 4 days is certainly a disproportionate punishment, whether the delinquent is a workman under the ID Act, 1947, or not. However, the recourse to remedy differs accordingly.

You could have mentioned the post and its position held by your former colleague. Ex facie, the Labor Officer's suggestion may be based on the fact that your friend was employed in a supervisory capacity with a salary of more than Rs. 10,000 per month or in a managerial cadre. In that case, his suggestion is correct.

Sir,

He is a workman as per the ID Act. How can a labor inspector close the case without a single hearing? Now, he is saying that please hire an advocate as I cannot do anything. Please suggest on the same.

If your contention is that the affected individual is a workman under the ID Act, 1947, he can raise a dispute under Section 2-A (1) of the ID Act, 1947, before the area conciliation officer (L.O. or A.L.C., as the case may be). In these proceedings, the appearance of a lawyer is prohibited. Upon receipt of the Conciliation Officer's failure report or after the expiry of 45 days, whichever is earlier, he can file a dispute under Section 2-A (2) before the Labor Court.