Sirs, this is in continuation of my old thread on Illegal Dismissal. The company in question conducted a domestic inquiry by issuing a Show Cause Notice (SCN) without any material evidence (supporting documents) to substantiate their claims. I was charged with baseless allegations, and the inquiry was rushed through by an inquiry officer. Subsequently, a biased inquiry report was submitted to the management, leading to the termination of my services effective from 09/10/2019.
Following this, a legal notice was sent to the company detailing the case and requesting the withdrawal of the illegal dismissal order, failing which it would be contested in the appropriate court.
A petition complaint was then filed with the Labour Commissioner in Bangalore, who directed the jurisdictional Labour officer to facilitate a conciliation meeting. During the meeting, the company refused both reinstatement and compensation. Consequently, the labor officer issued an endorsement recommending the escalation of the matter to the labor court for an industrial dispute resolution. Pursuant to this, an Industrial Dispute (ID) was raised under section 10 (4)(a) of the ID Act, 1947, and a claim statement was filed.
The proceedings commenced in November 2020, and as of now, no representatives from the company have appeared at the labor court. Only their lawyer has submitted a power of attorney (wakalat) and has ceased attending the hearings. The case is currently scheduled for the submission of the counter by the opposing party.
It is evident that the company lacks substantial evidence before the honorable labor court, hence their strategy of non-attendance at hearings. As the first party, I am representing myself (PiP) and progressing with the case.
Considering my imminent superannuation in approximately 2.5 years, there is a concern that the company might prolong the legal process. I kindly seek advice from my esteemed colleagues on the best course of action moving forward.
Following this, a legal notice was sent to the company detailing the case and requesting the withdrawal of the illegal dismissal order, failing which it would be contested in the appropriate court.
A petition complaint was then filed with the Labour Commissioner in Bangalore, who directed the jurisdictional Labour officer to facilitate a conciliation meeting. During the meeting, the company refused both reinstatement and compensation. Consequently, the labor officer issued an endorsement recommending the escalation of the matter to the labor court for an industrial dispute resolution. Pursuant to this, an Industrial Dispute (ID) was raised under section 10 (4)(a) of the ID Act, 1947, and a claim statement was filed.
The proceedings commenced in November 2020, and as of now, no representatives from the company have appeared at the labor court. Only their lawyer has submitted a power of attorney (wakalat) and has ceased attending the hearings. The case is currently scheduled for the submission of the counter by the opposing party.
It is evident that the company lacks substantial evidence before the honorable labor court, hence their strategy of non-attendance at hearings. As the first party, I am representing myself (PiP) and progressing with the case.
Considering my imminent superannuation in approximately 2.5 years, there is a concern that the company might prolong the legal process. I kindly seek advice from my esteemed colleagues on the best course of action moving forward.