Unlawful termination - worked as an Assistant Manager - can i approach to labor court for justice?

amit-rai1
Team, I am worked in a company # –XXX as an Assistant Manager - Integrated Facility Management since Apr 2015 in Gurgaon, HARAYANA. I spend 3.5 yrs with this company. Company HR and legal team never shown me the evidences. This is really unlawful termination.
Please advise can i approach to labor court for justice.
Shailesh Parikh_HR Pro
Dear Amit
Only a "workman" under ID Act can create an Industrial Dispute. However if your job profile does not dominantly consist managerial and administrative jobs you may make efforts to raise a dispute under section 2A of ID act approaching conciliation officer (Asst commissioner of Labour) of your region. The matter can be admitted to the industrial tribunal/labour court only upon going through the process called conciliation.
Shailesh Parikh
99 98 97 10 65
Vadodara
kesavapanda
If the said employee is considered a non-workman, he has to approach for remedy to a civil court under Sec.9 of CPC or Order 37 of CPC. But, I could hardly find any verdict of any court including the honourable Supreme court in support of this. Can any one supply a case law in support of this?
If you are knowledgeable about any fact, resource or experience related to this topic - please add your views. For articles and copyrighted material please only cite the original source link. Each contribution will make this page a resource useful for everyone. Join To Contribute