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Scope of legel notice

(Querist) 19 September 2014 This query is : Resolved 
the workmen filed a complaint against the employer for throwing out the workmen from the factory working for last 5-6 years. during the pendancy conciliation proceeding before labour officer the employer sent a notice to workmen to join duty stating the workmen is absent for past many days.
what is the legal effect of this notice
Devajyoti Barman (Expert) 19 September 2014
If workman is asked to join the duty then he is free to do so.
advocate jeevan kumar (Querist) 19 September 2014
in this matter no domestic inquiry was conducted so what is the legal status of the notice "whether a defence can be taken that the workmen left the job of its own and the notice was sent in this regard"
whether the notice is legal or is illegal
Devajyoti Barman (Expert) 19 September 2014
Joining a job during or after a legal proceeding does not establish they workman left the job willingly.
Rajendra K Goyal (Expert) 19 September 2014
Agree with the expert Devajyoti Barman.
advocate jeevan kumar (Querist) 20 September 2014
my quarry is that whether management can argue that the notice was sent and the workmen did not joint hence he was never termination.whether the argument has any legal position.
whether there is any guiding judgement of HC or Sc which says that during conciliation proceeding notice sent by the management to workmen asking him to joint duty is illegal.
advocate jeevan kumar (Querist) 20 September 2014
sir whether a mediation settlement between the parties is buinding and enforceable in the court of law if any party refuse to
T. Kalaiselvan, Advocate (Expert) 28 September 2014
Since the workman has already approached the labor commissioner, the matter has become subjudice, hence on the basis of notice the employer cannot terminate the workman for not resuming his duties even after serving the notice.


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