The company has illegally terminated me on false and baseless grounds of poor performance without completing the management appraisal system and obtaining permission from government authorities. I have informed the labor commissioner and collector about this, but no action is being taken by them. Please advise me on what to do.
From India, Indore
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From India, Indore
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I presume that you are a 'workman' under the Industrial Disputes Act, since you have already lodged a complaint before the Labour Commissioner. If conciliation before the Labour Commissioner does not yield any results, then you have to file the case before the Labour Court/Industrial Tribunal.
From India, Kolkata
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247From India, Kolkata
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If you are a workman, you should raise a demand notice under Section 2(K) of the Industrial Disputes Act, 1947, to the area Labour Inspector-cum-Conciliation Officer, narrating the whole dispute. The Conciliation Officer will summon the management, notifying you for conciliation. During the conciliation, if the dispute is settled between both parties, a settlement will be recorded under Section 12(3). Otherwise, it will be referred to the Labour Court through the appropriate authority under Section 12(4) of the Industrial Disputes Act, 1947.
Regards, P.K. Sharma
From India, Delhi
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Regards, P.K. Sharma
From India, Delhi
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Thank you for your replies. I was appointed as a diploma trainee in a company. After a training period of one year, I was appointed as an assistant foreman. Six years later, I was promoted to foreman. After another five years, I was promoted to an officer. However, after five years in this position, I was illegally terminated. I filed a case in the labor court, but after 10 years, the court replied that the case is not applicable in this court. I then complained to the labor commissioner and collector, but to no avail.
Please suggest what steps I should take next.
From India, Indore
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Please suggest what steps I should take next.
From India, Indore
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You have worked in the said company for almost 16 years, which seems to be a reputable one. No reputable company should make such an illegal termination. Please provide the real facts of your case so that this forum can guide you appropriately. Providing incomplete information may not lead to favorable results. What is happening to you? Why such a termination? Have you made a serious mistake? In which court have you filed the case? In an industrial dispute, you may not directly approach the court bypassing the conciliation proceedings.
Thank you.
From India, Mumbai
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Thank you.
From India, Mumbai
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I filed a case in the labor court after 10 years; the court replied that the case is not applicable in this court. Then, I complained to the Labor Commissioner and Collector but to no avail. What was the reason for filing the case? Why did the court take 10 years to dismiss the case on grounds of maintainability (assuming you were not considered a workman under the ID Act)? Did you appeal to a higher forum?
If you are not a workman, then what is the purpose of filing a complaint before the Labor Commissioner again? What is the demand in the complaint? If you are not a workman, even the Labor Commissioner will not have jurisdiction. Please clarify the situation for a better reply. Since you have contested a case for 10 years, I think you already have a lawyer. It is advisable to take up the matter with him.
From India, Kolkata
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If you are not a workman, then what is the purpose of filing a complaint before the Labor Commissioner again? What is the demand in the complaint? If you are not a workman, even the Labor Commissioner will not have jurisdiction. Please clarify the situation for a better reply. Since you have contested a case for 10 years, I think you already have a lawyer. It is advisable to take up the matter with him.
From India, Kolkata
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Your query has no locus standi. You have been in a supervisory position for about 10 years, as a foreman and officer. Therefore, your case does not fall within the scope of a labor court. It is astonishing that you waited for 10 years only to hear that your case did not lie within the jurisdiction of the labor court. Even after their intimation, you could not understand the situation and represented to the labor commissioner and collector, awaiting their reply. That is even more astonishing.
All these factors suggest that you may have posted a fabricated academic query, not a real problem that could have happened to you.
Also, do you feel that you are the sole judge of your own case to decide that your termination was illegal, when you have not discussed in detail the exact language of your termination letter?
Furthermore, on what grounds or under which provision of any Act do you feel that the permission of a Government authority was required before your termination?
Lastly, a question arises: when you have been suffering for more than 16 years and have been a member of this forum for about 5 years, what is the reason you have taken up this issue only recently, just 3 days ago?
From India, Delhi
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All these factors suggest that you may have posted a fabricated academic query, not a real problem that could have happened to you.
Also, do you feel that you are the sole judge of your own case to decide that your termination was illegal, when you have not discussed in detail the exact language of your termination letter?
Furthermore, on what grounds or under which provision of any Act do you feel that the permission of a Government authority was required before your termination?
Lastly, a question arises: when you have been suffering for more than 16 years and have been a member of this forum for about 5 years, what is the reason you have taken up this issue only recently, just 3 days ago?
From India, Delhi
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf