Dear All,
Your valuable suggestions are required. One of the factories established in Delhi has less than 15 workers. Two workers fought with each other in the factory premises and beat each other badly. Both workers have provided their own clarifications in writing to the management. On disciplinary grounds, one worker was terminated, and the other one was transferred to another unit in the factory under the same ownership established in Bahadurgarh (Haryana), which is 12 km from the current factory. The transferred worker will receive the current salary, and extra conveyance costs will be borne by the factory (the transfer clause is clearly mentioned in his letter of appointment).
The worker who was terminated is unreachable, and the worker who was transferred has filed a complaint against the factory with the Labour Department, claiming that he was terminated as part of a factory conspiracy and is unwilling to work in another unit. He was initially hired as a helper/unskilled worker but was later identified as skilled labor (Helper is mentioned in the appointment letter and job application form at the time of joining). The management has attended three dates in the Labour Department regarding this matter.
The worker had been employed for 12 years. The factory management is willing to pay his full and final benefits, including Gratuity, but is reluctant to pay compensation and one month's notice pay. The issue remains unresolved due to the disagreement over compensation and the notice pay. Please advise on the potential consequences if the case is transferred to the district court and suggest what actions should be taken now.
Regards, Ratnesh Kumar Rai
From India, New Delhi
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1Your valuable suggestions are required. One of the factories established in Delhi has less than 15 workers. Two workers fought with each other in the factory premises and beat each other badly. Both workers have provided their own clarifications in writing to the management. On disciplinary grounds, one worker was terminated, and the other one was transferred to another unit in the factory under the same ownership established in Bahadurgarh (Haryana), which is 12 km from the current factory. The transferred worker will receive the current salary, and extra conveyance costs will be borne by the factory (the transfer clause is clearly mentioned in his letter of appointment).
The worker who was terminated is unreachable, and the worker who was transferred has filed a complaint against the factory with the Labour Department, claiming that he was terminated as part of a factory conspiracy and is unwilling to work in another unit. He was initially hired as a helper/unskilled worker but was later identified as skilled labor (Helper is mentioned in the appointment letter and job application form at the time of joining). The management has attended three dates in the Labour Department regarding this matter.
The worker had been employed for 12 years. The factory management is willing to pay his full and final benefits, including Gratuity, but is reluctant to pay compensation and one month's notice pay. The issue remains unresolved due to the disagreement over compensation and the notice pay. Please advise on the potential consequences if the case is transferred to the district court and suggest what actions should be taken now.
Regards, Ratnesh Kumar Rai
From India, New Delhi
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