Termination
VIJAY K. TEOTIA
(Querist) 07 August 2010
This query is : Resolved
A person designated Dy Manager and looking after marketing function of a liquor company. his services are terminated on account of non performance, without giving notice period. he remained appx 4.5 years with company. what remedy is available to employee. can he be deemed a workmen to get relief from labour court. or will it be a contractual dispute to claim all dues. can he get back job.
what protection is available to employer.
Murali Krishna
(Expert) 07 August 2010
From your description of the job of the terminated person, he cannot be "workman" to approach labour court.
If the order of appointment specifies for any salary for notice period, he can claim same.
Getting back job, may not be possible in private sector normally since he was removed for non-performance.
VIJAY K. TEOTIA
(Querist) 07 August 2010
yes there is a claim of notice pay but with rider that in case services are terminated due to non performance, it can be terminated without notice/notice pay. does it mean that if at all employee wants to claim notice pay as per appointment letter, he will have to approach civil court for violation of contract?
Devajyoti Barman
(Expert) 07 August 2010
No, but you could approach the civil court on the ground that the notice for termination was not proper due to his adequate performance.
VIJAY K. TEOTIA
(Querist) 07 August 2010
Thanks Mr Barman, I am the company,
H. S. Thukral
(Expert) 07 August 2010
He is not a 'workman'. But it is advisable that the termination should be with notice. An employee can challenge the termination if such termination puts a stigma on his further career. Allegations of non-performance without any inquiry might be subject to challenge.
A.R.KUPPUSAMI
(Expert) 09 August 2010
During his service period he could have performed 240 days per year. Before seeing all the legal ways, in his appointment order under what terms he was appointed, what are the conditions to be fulfilled,is the termination order issued without any inquiry,either they have issued notice pay,at the time of termination was he informed in advance through notice board or any other manner, did the management informed the termination details to appropriate authority. if the above questions answered it will be challenged before labour court properly.
H. S. Thukral
(Expert) 10 August 2010
Mr. Kuppusami:
The above factors are applicable to a workman and not to an employee performing managerial functions. The employee clearly does not fall in the category of Workman under Industrial Dispute Act and therefore the conditions stated by you in respect to retrenchment of workmen don't apply in the case. If an employee is not a workman then the contract of employment is also like any other contract in private sector.
VIJAY K. TEOTIA
(Querist) 10 August 2010
Mr Kuppusami has misunderstood the facts. here mr Thukral is right in his observation and opinion. thanks
