Remedy over illegal termination

The law says on payment of wages u/s – 4 of the wages Act,

Fixation of wage period every person responsible for the payment of wages under Section 3 shall fix periods in respect of which such wages shall be payable. No wage period shall exceed one month.

If your employee is not paying your salary , you can approach  Labour Commission. They will help you the reconcile your matter and if no solution is reached, labour commissioner will hand over this matter to the court whereby a case against your employer 

Manoj,I approached govt distribution. labour officer,but in vain.He conducted 4 meetings for reconcillation,but employer never attended it.Now he has closed the file,handed over the proceedings to me and asked me to file the case in labour/industrial court. I have not climbed the doorsteps of any court since 55 years.I will never go to court;as it kills time and wastes money. I will prefer to commit a suicide, than rushing to court. The culprits of Mumbai riots 1993 were punished by court after 24 years.That's all.

I want to know the enabled govt officer who can issue orders to my employer to pay legal dues, who has illegally and verbally terminated me and not paid me gratuity, salary of bed ridden period , (as I was seriously injured while on duty and employer never paid it's salary), 3 months salary after issuing me termination letter. The employer is asking me to resign,(he will accept it immediately as he will not pay me a single rupee),just for signing the Pf withdrawal forms. I work in th textile mills since nine years and undergone major accident of brain hammerage.

I want to know the enable govt officer who can issue orders to my employer to pay legal dues, who has illegally and verbally terminated me and not paid me gratuity, salary of bed ridden period , (as I was seriously injured while on duty and employer never paid it's salary), 3 months salary after issuing me termination letter. The employer is asking me to resign,(he will accept it immediately as he will not pay me a single rupee),just for signing the Pf withdrawal forms. I work in a textile mills since nine years and undergone major accident of brain hammerage.

I want to know the enable govt officer who can issue orders to my employer to pay legal dues, who has illegally and verbally terminated me and not paid me gratuity, salary of bed ridden period , (as I was seriously injured while on duty and employer never paid it's salary), 3 months salary after issuing me termination letter. The employer is asking me to resign,(he will accept it immediately as he will not pay me a single rupee),just for signing the Pf withdrawal forms. I work in a textile mills since nine years and undergone major accident of brain hammerage.

The posting lacks clarity.

You do not want legal remedy then why have you come to this forum.

For getting justice you will have to be knocked the door of Court. 

Originally posted by : Suhas Vasudeo Kshirsagar
	Sir, Recently I approached the EPFO for final settlement of my pf and family pension investments,as I am not getting salary since six months and not suspecting my resumption on duty. The EPFO authorities asked me get employers signature over the forms.The employer is not signing it and asking me orally to resign.I don't want to resign,as I am sure that the employer will never pay me a single rupee against my legal dues. Thus I am sqndwiched in between "illegal oral termination" & "tendering resignation even after knowing that I will not get legal dues",Kindly note that I don't want to climb over the doorsteps of any court,as "Court" is a leangthy timekilling procedure. I want the the govt.authority designation,which protects the sufferer and can issue orders to the employer to pay legal dues to the sufferer managerial employee.

As per this post you are verbally terminated.

Originally posted by : Suhas Vasudeo Kshirsagar
	I want to know the enabled govt officer who can issue orders to my employer to pay legal dues, who has illegally and verbally terminated me and not paid me gratuity, salary of bed ridden period , (as I was seriously injured while on duty and employer never paid it's salary), 3 months salary after issuing me termination letter. The employer is asking me to resign,(he will accept it immediately as he will not pay me a single rupee),just for signing the Pf withdrawal forms. I work in th textile mills since nine years and undergone major accident of brain hammerage.

As per this post you are terminated and termination letter is issued.

Which one is correct?

If employer-employee relationship is severed by termination order and you have the copy and you are unemployed for 2 months then you may submit PF withdrawal forms under proper acknowledgment and request the employer to supply you the acknowledgment issued by EPFO for you. 

Originally posted by : Suhas Vasudeo Kshirsagar
	Manoj,I approached govt distribution. labour officer,but in vain.He conducted 4 meetings for reconcillation,but employer never attended it.Now he has closed the file,handed over the proceedings to me and asked me to file the case in labour/industrial court. I have not climbed the doorsteps of any court since 55 years.I will never go to court;as it kills time and wastes money. I will prefer to commit a suicide, than rushing to court. The culprits of Mumbai riots 1993 were punished by court after 24 years.That's all.

The concilliation officer usually submits Failure Report to Appropriate Govt.

It is unlikely that concilliation officer handsover the file to complainant except in case of certain specific situations.

You are in which state?

 

You have posted that you are Managerial Employee and experiened.

If Labor Court/CGIT/Industrial Court is not jurisdictional court for you thn hy are you wasting your time in concilliation also.

As per nature of duties on record, are you sure that you can establish that you are covered  by the def. of 'Workman'?

 

 

 

Dear Sir, The timeline of my problems is as follows 1) 10/2/2008 - I joined a new and under erection establishment as a maint.manager after getting appointment letter as a CTC employee. 2) 4/2/2016 - Fell into a 11' rcc trench while on duty &in factory premises.The owner immediately provided medical aid,and paid only bills while I was hospitalized.No salary for the bedridden period was paid. 2) 17/6/2016 - ResumDear Sir, The timeline of my problems is as follows 1) 10/2/2008 - I joined a new and under erection establishment as a maint.manager after getting appointment letter as a CTC employee. 2) 4/2/2016 - Fell into a 11' rcc trench while on duty &in factory premises.The owner immediately provided medical aid,and paid only bills while I was hospitalized.No salary for the bedridden period was paid. 2) 17/6/2016 - Resumed duties after getting fitness cert. 3) Received two warning letters for misbehaviour as I requested employer to pay the bedridden period salary./ Requested frequently in writting to provide safety guards to avoid the accident which I suffered,even after that the owner has not provided safety guards. 4) 5/4/2017 - Owner asked me orally to stay at home till he calls me back. I sent leave applications through e mails. 5) 7/06/2017 - After not getting call, & salary for two months I directly went to resume duties.The directors of the establishment denied to enter me, and closed the main gate by the security guards. Immediately I lodged complaint to local police station, sent a legal notice to owners. 6)13/6/2017 - I lodged complaint to Director ,Industrial safety & Health , Nagpur,to take action over the employer for terminating me orally for arranging safeguards. 6) 13/7/2017 - After waiting for a months period I approached Distt. Govt.Labour officer. He conducted four meetings with employer.The employer never attended a single meeting.The procedings were handed over to me and he asked to me to go labour /industrial court,on 1/9/2017. 7) 6/09/2017 - I am not in financial position to go labour/industrial court,hence I requested him to carry on leagal matter ( file a case to court etc.) through govt.machinery,and I given in writting an application to treat the case as mentioned in Industrial Disputes act 1947 Sec.2A. 8) 27/09/2017 - Distt.L.O. refused orally to work the case through govt.machinery,as he says that I.D.Act 1947 is not applicable to Textile industry. Bombay Ind.Relations act 1946 applies to Textile industry. This was conveyed orally to me. I once again requested in writting to him that ID sec 2 j defines "industry means any industry" & not made any exceptions for textile industry. Sir, I work as "maint.manager" in textile mills,&the jobs are as follows. 1) To attend physically the repairs/to check the machines/attend breakdowns/troubleshooting of machine working/check quality reports & keep quality targets/ write stores requisition books,check inventory levels of required spares/lubricants/check physically the incoming new spares,& approve/reject it .Keep & write daily log books, machine's history,preventory maaintenance books, budget of annual stores consumption etc./Keep &check proper humidification in plant. All are machinery related and physical/team work. I am a resident of Maharashtra state. I want justice from Government officials only ,as I don't have money to rush to lawyers. Also judiciary consumes atleast two years,whereas govt machinery has a binding to resolve grievances within time limit.

You do not want to go to court.

 

you want justice from govt officials only

 

you approached the govt official (labour deptt)

 

he did the best he could within his powers (which is laid down procedure).

 

do you really think that any govt official will illegally assume the powers of court and do illegal acts to get you justice, just because you do not want to go to court.