I have raised my grievance with the Labour commissioner's office of Mumbai regarding nonreceipt of dues and illegal termination from the company.
I was absent from 15 jan to 26 Feb dues to father hospitalization and death on 14 feb 2020.
I was informed on call to office about my situation and not coming to work as I m only son to look up.
I have provided them all medical bills and death certificates as proof of my absenteeism.
It was my situation and intention absentees.
I was not absconded on 29 Jan I also visited the office to ask for extra days for leave.
But CEO made to waits for 4 hrs and not came.
I wanted to resume from 27 Feb 2020 but the company kept me on hold without pay.
Neither told me to leave nor I served resignation.
Then i was following on-call to office to resume me back on duty but they kept on hold.
Later in march end lockdown happened.
Then in July, I mailed them to resume me back.
After 4 days they reply my service is no more required.
They have not show caused me any notice, no warning letter when I was absent, not followed principles of natural justice, my confirmation has claused of before closure 3 months notice by either party.
They have not provided me any FNF sheet or no dues certificate,
I reply to them same-day on mail, and send 9 reminders to respond, then they blocked my email.
I send legal notice through adv they reply my claim is false without providing any proofs.
Then I filed a grievance with LC of Mumbai, till yet 3 hearing schedule held not no one from the company's management was present.
They are delaying my case with malafide intent.
What should I do now?
I have 4th hearing on 9 Dec 2020.
Any expert suggestions welcome.
I want a solid mail draft to the labor commissioner keeping cc to the company.
Can anyone help me?
From India, Mumbai
I was absent from 15 jan to 26 Feb dues to father hospitalization and death on 14 feb 2020.
I was informed on call to office about my situation and not coming to work as I m only son to look up.
I have provided them all medical bills and death certificates as proof of my absenteeism.
It was my situation and intention absentees.
I was not absconded on 29 Jan I also visited the office to ask for extra days for leave.
But CEO made to waits for 4 hrs and not came.
I wanted to resume from 27 Feb 2020 but the company kept me on hold without pay.
Neither told me to leave nor I served resignation.
Then i was following on-call to office to resume me back on duty but they kept on hold.
Later in march end lockdown happened.
Then in July, I mailed them to resume me back.
After 4 days they reply my service is no more required.
They have not show caused me any notice, no warning letter when I was absent, not followed principles of natural justice, my confirmation has claused of before closure 3 months notice by either party.
They have not provided me any FNF sheet or no dues certificate,
I reply to them same-day on mail, and send 9 reminders to respond, then they blocked my email.
I send legal notice through adv they reply my claim is false without providing any proofs.
Then I filed a grievance with LC of Mumbai, till yet 3 hearing schedule held not no one from the company's management was present.
They are delaying my case with malafide intent.
What should I do now?
I have 4th hearing on 9 Dec 2020.
Any expert suggestions welcome.
I want a solid mail draft to the labor commissioner keeping cc to the company.
Can anyone help me?
From India, Mumbai
You need to be present on the next date and stress on making reference of your termination without giving any more opportunity to the management.
At this point making any written submission to the Labour Commissioner is not going to make much of a difference, as he would immediately send this to the management for its comments and you would loose a month in the process. As already your representation is with the commissioner, the better course would be to make oral representation alone.
As the management says they have discharged you they should have at least paid for the notice period. Since that has not been done you need to challenge the termination before the Labour Court without wasting time. You may engage a good lawyer practising in the labour side to take up your matter.
From India, Mumbai
1534At this point making any written submission to the Labour Commissioner is not going to make much of a difference, as he would immediately send this to the management for its comments and you would loose a month in the process. As already your representation is with the commissioner, the better course would be to make oral representation alone.
As the management says they have discharged you they should have at least paid for the notice period. Since that has not been done you need to challenge the termination before the Labour Court without wasting time. You may engage a good lawyer practising in the labour side to take up your matter.
From India, Mumbai
Forget about notice period pay of 3 months they have not paid my actual working days of 14 days of Jan 2020 till 16 july 2020.
They uphold my wages and till today not made my fnf settlement.
They paid x amt on 16 july 2020 which is less then my 14 worked days settlement.
Also i was eligible for medical, LTA and bonus and other benifits as per confirmation letter recd from company.
They have not paid that also on prorata basis.
Tomorrow is my 4th hearing or may be last and probably no one from company is coming tomorrow.
What should i ask then for labour officer.
I m not in a sitaution to hire any lawyer as i m unemployed since feb 2020.
I m very distribed and depression due to no income since so many months and my father dimise made me suffer more.
Any legal help on probono basis.
After recoving from company can able to pay good fees.
Regards
Mahesh
From India, Mumbai
They uphold my wages and till today not made my fnf settlement.
They paid x amt on 16 july 2020 which is less then my 14 worked days settlement.
Also i was eligible for medical, LTA and bonus and other benifits as per confirmation letter recd from company.
They have not paid that also on prorata basis.
Tomorrow is my 4th hearing or may be last and probably no one from company is coming tomorrow.
What should i ask then for labour officer.
I m not in a sitaution to hire any lawyer as i m unemployed since feb 2020.
I m very distribed and depression due to no income since so many months and my father dimise made me suffer more.
Any legal help on probono basis.
After recoving from company can able to pay good fees.
Regards
Mahesh
From India, Mumbai
Tell Labour Officer, that absence of Company is unreasonable and delaying final decision.Respectfully request them to act ex parte as per their rules.
Company can afford to delay but for complainant it is a matter of individual importance.
From India, Pune
Company can afford to delay but for complainant it is a matter of individual importance.
From India, Pune
Dear Mahesh ,
It is not mentioned whether you were employed in the establishment in the capacity of workman or supervisor or manager.
In case you were a workman, whether it is a general complaint including non-payment of salary or a dispute raised u/s 2-A(1) of the ID Act,1947.
If it's a general complaint, better submit a formal dispute u/s 2-A (1) forthwith and request the Officer to initiate conciliation proceedings. Formal dispute u/s 2-A(1) is nothing but a petition addressed to the conciliation officer stating forth that you were employed as ...... in the company ........ from ..... date and w.e.f ...... date, the management terminated your services without any show cause notice and domestic enquiry and therefore this petition u/s 2-A(2) of the IDA,1947 demanding reinstatement with backwages ,continuity of service and all attendant benefits.
The officer has to submit his failure report within 45 days from the date of receipt of your petition in case he is not able to bring about an amicable settlement due to whatever reasons including that of non-participation by the management.
From India, Salem
It is not mentioned whether you were employed in the establishment in the capacity of workman or supervisor or manager.
In case you were a workman, whether it is a general complaint including non-payment of salary or a dispute raised u/s 2-A(1) of the ID Act,1947.
If it's a general complaint, better submit a formal dispute u/s 2-A (1) forthwith and request the Officer to initiate conciliation proceedings. Formal dispute u/s 2-A(1) is nothing but a petition addressed to the conciliation officer stating forth that you were employed as ...... in the company ........ from ..... date and w.e.f ...... date, the management terminated your services without any show cause notice and domestic enquiry and therefore this petition u/s 2-A(2) of the IDA,1947 demanding reinstatement with backwages ,continuity of service and all attendant benefits.
The officer has to submit his failure report within 45 days from the date of receipt of your petition in case he is not able to bring about an amicable settlement due to whatever reasons including that of non-participation by the management.
From India, Salem
Dear Umakanthan M. Sir,
My designation is Sr Officer, just for the name.
I joined as new confirmed employee on 10/10/2019 (earlier worked in this same company from Oct 2015 to july 2018)
I was working in payroll dept preparing salaries of housekeepers.
I had no direcr or indirect power of supervisory nor any one was reporting to me.
Company in their statement states that my designation is officer and i m not a workman.
But i denied by my reply that ""Further to that statement framed by company that I am not a workman as defined under section 2 (s) of the Industrail Disputes Act, 1947 as my designation is "Officer"
But according to the decision of the Hon'ble court of law an officer is held to be a workman
Neither managing nor supervising others, will be a "workman" under Id Act as neither the designation nor the salary would decide the issue as to whether the employee is workman or not.""
Right now i m sitting outside labour officer cabin, 4th hearing, still no one came from company management.
Pls reply what should i ask now?
I m totally confuse and unmind what to do😣
Regards,
Mahesh Vishwakarma.
From India, Mumbai
My designation is Sr Officer, just for the name.
I joined as new confirmed employee on 10/10/2019 (earlier worked in this same company from Oct 2015 to july 2018)
I was working in payroll dept preparing salaries of housekeepers.
I had no direcr or indirect power of supervisory nor any one was reporting to me.
Company in their statement states that my designation is officer and i m not a workman.
But i denied by my reply that ""Further to that statement framed by company that I am not a workman as defined under section 2 (s) of the Industrail Disputes Act, 1947 as my designation is "Officer"
But according to the decision of the Hon'ble court of law an officer is held to be a workman
Neither managing nor supervising others, will be a "workman" under Id Act as neither the designation nor the salary would decide the issue as to whether the employee is workman or not.""
Right now i m sitting outside labour officer cabin, 4th hearing, still no one came from company management.
Pls reply what should i ask now?
I m totally confuse and unmind what to do😣
Regards,
Mahesh Vishwakarma.
From India, Mumbai
Dear Mahesh,
Designation or salary cannot be the deciding factor to determine whether an employee is a workman u/s 2(s) of the IDA,1947 by simply ignoring the predominant nature of the duties performed by him or her.
If the facts preceding your non-employment are correct , the management seems to be highly inconsiderate towards the unforeseen difficulties in family life faced by an employee and his filial devotion to his parents. Besides their act of terminating your services for absence during the course of lock down is not only illegal but violative of the Government's restrictions issued under the Disaster Management Act,2005.
Appraise the Conciliation Officer of all these legal position and request him to issue a final conciliation notice to the Management by registered post.
From India, Salem
Designation or salary cannot be the deciding factor to determine whether an employee is a workman u/s 2(s) of the IDA,1947 by simply ignoring the predominant nature of the duties performed by him or her.
If the facts preceding your non-employment are correct , the management seems to be highly inconsiderate towards the unforeseen difficulties in family life faced by an employee and his filial devotion to his parents. Besides their act of terminating your services for absence during the course of lock down is not only illegal but violative of the Government's restrictions issued under the Disaster Management Act,2005.
Appraise the Conciliation Officer of all these legal position and request him to issue a final conciliation notice to the Management by registered post.
From India, Salem
Dear Umakanthan M Sir,
Thank you so much for you quick reply🙏
The labour officer who is handling my case is not present today.
Cleark outside her cabin told me to wait, yesterday company send letter with office peon but cleark at labour office did not accepted the letter and told to come today at hearing.
Still management not came.
They are actually harrasing me and delaying my case, also my case is before lockdown declared in India.
Also suggest what should i ask for
Reinstatement with back wages or only my settlement and compensation.
I have not rendered my service from Feb 2020 as they have kept me on hold,
If they have terminated or removed me when i was absent in Jan or Feb I would i have joined new company before lockdown
But they kept me active in company also not marked my exit date in pf portal.
Their intension is to tourcher and harras me as I m very poor.
I read that even though no service is rendered, illegally termination of service amounts to reinstatement with full back wages as per supreme court decision.
Is it true sir.
Kindly advice.
Regards,
Mahesh vishwakarma
From India, Mumbai
Thank you so much for you quick reply🙏
The labour officer who is handling my case is not present today.
Cleark outside her cabin told me to wait, yesterday company send letter with office peon but cleark at labour office did not accepted the letter and told to come today at hearing.
Still management not came.
They are actually harrasing me and delaying my case, also my case is before lockdown declared in India.
Also suggest what should i ask for
Reinstatement with back wages or only my settlement and compensation.
I have not rendered my service from Feb 2020 as they have kept me on hold,
If they have terminated or removed me when i was absent in Jan or Feb I would i have joined new company before lockdown
But they kept me active in company also not marked my exit date in pf portal.
Their intension is to tourcher and harras me as I m very poor.
I read that even though no service is rendered, illegally termination of service amounts to reinstatement with full back wages as per supreme court decision.
Is it true sir.
Kindly advice.
Regards,
Mahesh vishwakarma
From India, Mumbai
So I went to 5th hearing on 21 dec 2020 at the labour commissioner office Mumbai.
Even on 5th hearing no one from companys management came.
Labour officer has given in return closure report.
And advised to complaint at Unfair Labour Practice. (ULP) as it takes less times then 2 A.
I dont know what is UPL and has no information about it.
Also can my period of service matters?
Worked 3+ months but as a permanent and confirmed workman as I had earlier served 3 of my service 2015-2018.
From India, Mumbai
Even on 5th hearing no one from companys management came.
Labour officer has given in return closure report.
And advised to complaint at Unfair Labour Practice. (ULP) as it takes less times then 2 A.
I dont know what is UPL and has no information about it.
Also can my period of service matters?
Worked 3+ months but as a permanent and confirmed workman as I had earlier served 3 of my service 2015-2018.
From India, Mumbai
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