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One of the employees in a managerial position filed a complaint with the labor department regarding his alleged illegal termination. However, we maintain that we did not terminate him, and he claims that the management verbally terminated him. We provided all the legal documents which clearly stated that he does not fall under the definition of a workman, and the management did not terminate him. Throughout the three to four hearings, he was frequently absent from the labor department sessions. Due to his non-attendance and the evidence we presented, the labor department made a unilateral decision based on our documentation. Now, he has lodged the same complaint with the labor department once again. Is this scenario possible?
Thank you.
From India, Rudarpur
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82One of the employees in a managerial position filed a complaint with the labor department regarding his alleged illegal termination. However, we maintain that we did not terminate him, and he claims that the management verbally terminated him. We provided all the legal documents which clearly stated that he does not fall under the definition of a workman, and the management did not terminate him. Throughout the three to four hearings, he was frequently absent from the labor department sessions. Due to his non-attendance and the evidence we presented, the labor department made a unilateral decision based on our documentation. Now, he has lodged the same complaint with the labor department once again. Is this scenario possible?
Thank you.
From India, Rudarpur
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Dear Ommygautam, Workman Status Under Industrial Disputes Act, 1947
Whether an employee would be considered a workman under Section 2(s) of the Industrial Disputes Act, 1947, is both a question of fact and law, which can only be decided through adjudication. The same applies to any disputed question regarding the termination of employment. Therefore, these matters cannot be determined by the Conciliation Officer; they can only issue a conciliation failure certificate.
Thank you.
From India, Salem
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Whether an employee would be considered a workman under Section 2(s) of the Industrial Disputes Act, 1947, is both a question of fact and law, which can only be decided through adjudication. The same applies to any disputed question regarding the termination of employment. Therefore, these matters cannot be determined by the Conciliation Officer; they can only issue a conciliation failure certificate.
Thank you.
From India, Salem
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Hi, As per your statement, the employee has not been subjected to any disciplinary action and has not been issued a termination letter. Therefore, his representation with the Labour Department becomes void in the absence of any official communication issued to him. Additionally, as he is working in a supervisory cadre, there is no basis for his complaint with the Labour Department. You may submit a detailed report to the Labour Officer concerned regarding his baseless allegations against the employer.
From India, Madras
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From India, Madras
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Illegal Termination Complaint under 2A of ID Act V3 - Updated.pdf
HR department.zip