Filing of case
raju
(Querist) 01 August 2015
This query is : Resolved
If regular employee working in Institution services are dismissed/terminated after departmental inquiry where should case be filed. In civil court or Labour court. If after dismissal from services can case be filed in civil court for stay. Please advice.
Rajendra K Goyal
(Expert) 02 August 2015
Facts lack full information, consult local lawyer dealing in service matters and discuss in detail.
P. Venu
(Expert) 02 August 2015
Which Institution? Which Government?
raju
(Querist) 02 August 2015
Charitable Hospital which comes under the purview of Labour Rules. Employee regular after completing one year probation after completing 20 years in service.
Khaleel Ahmed
(Expert) 02 August 2015
Hi,
Writ petition may be filed to challenge the dismissal.for more paid legal guidance. Please visit www.mkatruelaw.com
SAINATH DEVALLA
(Expert) 02 August 2015
Charitable Hospital which comes under the purview of Labour Rules. Employee regular after completing one year probation after completing 20 years in service.Can U clarify
Ahmed Daud Girach
(Expert) 02 August 2015
Yourcase well be covered under s.11 of ID Act, file conciliaton proceeding with Asst Coomm of labour. If u are terminated and releived no stay can materialize. s. 11 provides relief for terminated employee. U can raise ind dispute under s. 2A. reference will go to labour court or industrialtribunal(mostly IT)and ask that termination is harsh treatment,lesser punishment or nopunishment can be inflicted. see power of terminating authority has hepower to terminate u is he your appointing authority. has tha conclusion of io is rightly arrived at? No not rightly arrived at.List flows. challenge each and every aspect of inquiry if IO is employee of hospital itself no employee can deliver justice as IO because he is eating bread and butter of company. going to HC not advisable as usually it will ask to come through proper channel. However if HC can give u relief on the count that till matter is finalised in labour court your termination can be suspended.
raju
(Querist) 03 August 2015
Clarified that I have completed one year probation period successfully and confirmed in writing. I have completed 20 years in this Hospital and still continuing in job. I am facing department inquiry and IO is employee of the Hospital. As this is charitable Hospital and I feel that Administration will terminate/dismiss me from the services. I wanted to approach Labour Court since it provide quick decision with 2/3 years whereas in civil it can take years. If my services are terminated/dismiss can civil court or High Court provide me any relief. Please advice
SAINATH DEVALLA
(Expert) 03 August 2015
What kind of a departmental enquiry is it?
raju
(Querist) 04 August 2015
I have brought certain facts before the higher authority against my superiors regarding embezzlement of funds. But by the passage of time they started harassing me at my work place. Finally again it was written to higher authority and now they have made enquiry regarding complaint posted to higher authority. Since the IO is an employee I am afraid what will happen.
P. Venu
(Expert) 04 August 2015
Presently, face the inquiry and try to establish the truth.
SAINATH DEVALLA
(Expert) 04 August 2015
Come out with flying colours my boy,if U have not done anything wrong.
Sudhir Kumar, Advocate
(Expert) 09 August 2015
repeated
http://www.lawyersclubindia.com/experts/Departmental-Inquiry-551086.asp#.VcYfl7V-jMo
http://www.lawyersclubindia.com/experts/filing-of-case-551341.asp#.VcYf4LV-jMo
http://www.lawyersclubindia.com/experts/Inquiry-552696.asp#.VcYgLLV-jMo
and that you have been terminated and matter resolved by labor Officer……………………and it is posted 3 hours ago.
>>>
http://www.lawyersclubindia.com/experts/Terms-and-Condition--552701.asp#.VcYgXLV-jMo
मुफ्त के चंदन घिस मेरे नंदन
लम्बा तिलक लगा बाबा
पैसा कोई मांगे तो आगे आगे जा बाबा
Kumar Doab
(Expert) 09 August 2015
As far as inquiry is concerned the experts have advised you and you can come out of the mess created by vindictive and zealous Managers.
You may refer to the following thread initiated by you and posts in it:
http://www.lawyersclubindia.com/experts/details.asp?mod_id=552701
It is reiterated that you should reply to all points, pointwise and you may have a remedy.
The employer may not have a right to transfer even if it has extracted an undertaking from employees and even courts may not concur with right to transfer.
If you have already shown all documents on record to an able Labor law Consultant/Service Matters Lawyer/Law Firm and have given inputs in person and have answered the pointed and specific questions of your counsel and after that if your counsel has opined that employer can not transfer the employee then your counsel may be right.
If you want us to help you and give proper opinion then you must answer all points raised in this thread.
T. Kalaiselvan, Advocate
(Expert) 11 August 2015
You can reply to the queries raised by expert if you are really interested in getting a proper reply.
