Does change in designation to lower rank attracts sec 9-a


Dear Sir,

                 In continuation to my previous posts ,kindly help me in clarifying the following situation , does it attracts section 9-A of ID act 1947

1- I am a workman and was subjected to transfer order, in transfer order it was mentioned my services as - a -------------------------- transferred to City B w.e.f from this date.The designation mentioned in said order is lower and on asking the employer to clarify the same , employer is totally reluctant to reply and clarify .Means no reply to my communications regarding clarify under which law same is changed in my transfer order.

Yes verbally company manager told me we have demoted you but refuses to give any thing in written despite numerous letters from my side.

2---I have refused to obey the same transfer order terming it malice and punitive and challenged before the labour court.

kindly help and clarify me how and non reply from my employer to clarify me under which law they have written my designation to lower rank , is change in service conditions without serving any notice and attracts section 9-A.

Also can I lodge separate case under this section before the competent authority apart from malice transfer order .

Regards

 
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Labour Law Advocate

Before changing any service condition, prior notice is to be given u/s 9A. 

Since you have already challenged the transfer order, you have to follow that route.

 
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Dear Mr.Ritesh,

                        thanks for prompt reply and kindly requested to please elaborate me further as in labour court i myself is representating the case , no lawyer is hired by me and case is in initial case.

                        Although i am well educated and update with legal laws to good extent and wanted to suit another case against the employer , should i lodge violation of Sec 9-A separate case or with present case a additional application should submit.

                        Also it is almost 2 years now since malice \ punishment transfer was subjected and employer is using delaying tactics to break me financially as due to my non-joining at transferred place , employer has stopped my salary and despite my repeated requests and representations that how can i join at lower rank , employer is not responding at all .

                      This has resulted into my financial crisis and employer is not responding rather using delay tactics in the court so that my financial needs deepens and i should surrender before them.But i will never at any cost..

                       so please update me how can i sue them under different cases and speed up the trial before the court.

 

 
Reply   
 
Labour Law Advocate

Under which section you have filed the case in labour court?

 
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Dear Mr.Ritesh,

                           In. Brief and elaborate way initial complaint way lodged before Labour Commissioner and conciliations failed, Labour office referred it to Labour court stating ---------------- is Mr. ----- transfer order is punitive /malice action , if yes what relief workman to be given with  what reference and directions.

                          At present case is in labour court and proceedings are going on barring employer legal advocate representations, till date no written statement is given form either party.

                       From my side in our WS we have stated violation of Section 9-A, 33-A and 25-T malice transfer order hence unfair labour practices., but same is yet to submit before the court.

                     Hope it will help you in clarifying me further.

                     Regards

 
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Labour Law Advocate

You have already done and basic work as the matter has been referred to the labour court after failure of conciliation. You have also prepared your written statement but have not filed. If you do not file your own written statement first, how can the company reply to your written statement? The delay is apparently from your part it seems. File your written statement at the earliest.

Moreover, it seems you have used sec 36 to bar the appearance of any lawyer to represent the company. This section is not going to help you much in practical sense as each and every step taken by the company will be as per the advice of the lawyer, though officially he will not appear before the court. This may also stretch the proceedings more since non-lawyers are not aware of technicalities of legal system much and tend to do unintentional mistakes which may further delay the proceedings.

Coming back to your topic particularly, you have stated that you have been transferred and your position was lowered? Was their any change in your salary or anyother service conditions? Was there a provision for transfer in your letter of appointment?

Thorough study of your letter of appoitment,your transfer order and its obejction, complaints before the company regarding trasnfer, complaint to labour commissioner and its reply by company, if any etc. is required to get into the details of the case. 

It is further suggested to you since the case has already been filed, consult a lawyer with all your documents and let him prepare the Written statement on your behalf. 

 

 

 
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FIN

You have included in your WS Sec;9-A.

 
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Dear Ritesh and Mr.Kumar,

                                             Apparently submitting my WS on next hearing date and regarding  transfer order and position lowered and change in salary and. Allowances and transferability mentioned in appointment letter, followings are the complete detail-----

1----In transfer order it is mentioned that your services  as a  junior sales Representative are transferred w.e.f from 01-01-2014 to city -X(where as my current designation is Senior sales Represntative , and I was given proper promotion letter by the employer eight years back ,clearly stating promotion from junior to senior sales Representative with increase in salary , daily allowances and increased monthly fringe benefits .

2----The day transfer order was delivered to me , from day one my reporting  electronic website was blocked and allowances were stopped, till date not paid.Where as on receiving the transfer order without knowing any written communication from me to company , company blocked my daily working reporting website and allowances and despite repeated requests  till date not paid.

3----- yes salary was paid for one month , i.e after issuing transfer order  my next month salary was credited into my account , and there was no reduction in salary it was same.

Where as in my appointment letter junior sales Rep and Senior Sales Rep there is written documents with me and there is difference in salary and allowances and grade also.

4---- Initially on receiving the transfer order , I requested the employer to revoke the same as same is malice and punitive in nature  and it took 20-30 days from my end to reply the company , where as my  attendance cum daily working reporting  system was blocked by the employer the day they issued me transfer order and also allowances were stopped from that day, till date not paid . Salary they paid probably because  I had replied them to revoke the same and till date will continue to work at same HQ till clarified the bona fidelity of said order.

5---- Employer never replied and clarified me under which law designation was changed  and along with other factors this was also the reason To term it malice and punitive in nature.

6------ how employer can keep silent and run away in giving reasons to workman even if  it was mistake from them.Non - reply is  big proven that employer has ill and malice intention towards the workman.

7---- Further stopping allowances and attendance portal where employee reports his attendance  from the day order was subjected without any reason and response from workman proves everything .

8----Rest will mail all documents next week and will share complete details.

9----Yes I have included section 9-A in my WS

 
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Mr.Ritesh/ Mr. kumar G,

                                        I forgot to mention here that I had written to employer stating that I can even compromise on wages but lower rank/ demotion is not acceptable to me as it is against my social status and self respect.I further wrote to them to revoke my designation to my current grade I am willing to join at transfer place under protest .But employer has even not replied on this.

                               So now you tell me what is left to prove the malice , where workman is asking the clarification on designation mentioned on transfer order , employer is not responding to clarify. 

                                Regards

  

 
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FIN

Prior to transfer order; did employer ever communicate that you are demoted to th desigantion of junior sales Representative?

 

Otherwise since as per your posts; since employer has not replied the studies silence may amount to that it was indeed demotion.

 Regaqrding other points e.g; DWR, you have been replied in other threads.

 

 
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