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Pp`   26 November 2016

Harassment in office, complained, and now terminated forcefu

I was harassed mentally and in other ways at this company.i complained only of the mental harassment by four seniors through 2015& 2016, in writing to HR and ER (employee relations) several times (first complaint in April 2016).Complainst closed and no details provided to em the mental citing "confidentiality".i escalted to US parent who took same stand.I was following up.they forcefully terminated me on 14th Nov 2016.i refused to return laptop immediately as i had not accepted termination and also because it is my evidence of harasmnet and complaints.

If i copme un der workman (no one reports to me , my work is basically co-ordinating with ten departmnets collecting and compiling teh data).i dont have decision making power.In how many days can i file a case in labour court for challenging termination///.is it 30 days or 90 days?



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 10 Replies

adv.bharat @ PUNE (Lawyer)     26 November 2016

U can immediately file complain in labour law.

Suri.Sravan Kumar (senior)     26 November 2016

there is no time limit to approach Labour court.

Kumar Doab (FIN)     26 November 2016

There is no ceiling to approach labor court/tribunal.

However avoid delay as delay might have to be explained.

Employee's/trade unions can support you.

Approach your counsel specializing in Labor/Service matters.

Pp`   15 December 2016

Thank you for the replies.

Pp`   15 December 2016

When filing a dispute case of wrong termination and harassment claiming the "workman status" under ID Act 1947, then what is the  importance of salary components such as special allowance, conveyance allowance, and HRA.Under ID ACt 1947, the workman status is primarily based on nature fo work, so then in the stateemnt of claim or facts why do they ask if company was paying any allowances.In my case I was getting special allowance, conveyance allowance and HRA from company alongwith basic pay.

Kumar Doab (FIN)     15 December 2016

Deposit salary slip showing all payouts.

The allownaces etc are decided by employer and probably are mentioned in your appointment letter also.

Kumar Doab (FIN)     15 December 2016

What is the opinion of your own counsel on your last query in your last post!

Ritesh Maity (Labour Law Advocate)     15 December 2016

Sec 2A(3) of the I D Act says "(3) The application referred to in sub-section (2) shall be made to the Labour Court or Tribunal before the expiry of three years from the date of discharge, dismissal, retrenchment or otherwise termination of service as specified in sub-section (1).”]

From my interpretation of the act, there is a time limit of three years. That is you have to lodged the complaint before the court within three years including the period of raising the initial dispute before the labour commissioner. Please read the entire section here, if required. And there is no provisions of condonation of delay. 

However, under section 10(1B) case can be filed anytime as there is no time frame under this section. But both 2A and 10(1B) are similar in nature and 2A is a central amendent giving it an overriding effect since its amendment in 2010. There are few judgments where case filed u/s 10(1B) was dismissed after enactment of Sec 2A in 2010.  

 

Sudhir Kumar, Advocate (Advocate)     17 December 2016

Not disputing wisdom of the experts who expressed above view, I observe that you said

"i refused to return laptop immediately as i had not accepted termination and also because it is my evidence of harasmnet and complaints."

So The company should immediately register FIR against you as it is non-bailable offence. Thereby they can make you to forget the words like "labour court" , "workman", "harassement" etc and leave you begging for withdrawal of FIR after you spend a good fortune in just getting a bail after some weeks stay in jail.

 

Kumar Doab (FIN)     17 December 2016

If comnpany has been using Intranet and Internal emails in that case the company can block passwords that are controlled by Admin.................................and in such instances the laptop is evidence of inernal emails/intranet and may be handed over to authortiy that is decide the complaint, be it police, court of law, labort court etc etc.......

 

 


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