Dear member,
Since the terminated employee was the "Plant Head", he was in the supervisory/managerial cadre. Therefore, the provisions of the Industrial Disputes Act, 1947 do not apply to him. These are applicable only to the "workman" category.
Since the terminated employee, i.e., Plant Head is not a workman, he/she cannot file a complaint with the labour officer. Therefore, the only remedy available is to file a civil suit. Court jurisdiction for a civil suit should be as per the terms of the employment letter.
However, before filing a civil suit, let the Plant Head send an application to the MD of the company. Politely, bring to his/her notice that the termination of employment is not as per the provisions mentioned in the appointment letter. The Plant Head is eligible to get the payment in lieu of the notice period. If it is paid, let him/her close the matter and search for new employment. If it is not paid, then let him/her decide whether to file a lawsuit or not.
Since the Plant Head has served for three years, he/she is not eligible to get gratuity.
By the way, has the company issued assets like laptop, mobile phone, etc., to the Plant Head? If yes, then has he/she returned the assets?
Thanks,
Dinesh Divekar