Termination compensation,

>>> Other threads by the querist:

https://www.lawyersclubindia.com/experts/Regarding-discharge-from-service-346186.asp#.VBwVWZSSwb8

https://www.lawyersclubindia.com/experts/Regarding-discharge-from-service-344036.asp#.VBwUY5SSwb8

Terminated in year 2012.after few month’s of employment.

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104386&offset=1

https://www.lawyersclubindia.com/experts/Regarding-Non-Paid-salary-and-expenses--485786.asp#.VBwWY5SSwb8

>>> You should ascertain and introspect: Why are you terminated again and again?

And take corrective measures.

>>> The question once again is : Did you submit TP and was it approved?

If you have worked/travelled as per approved TP then you are eligible for allowances/filed expenses as per your entitlement that is described in appointment letter, service rules etc………….

You are certainly entitled to get payment of earned wages (salary) till your last day/date in office i.e. 15 th Sep.

Backdating termination order is bad.

If termination is due to some misconduct then has the company granted opportunity of hearing, natural justice? If not it may be bad…………………………….and your lawyer may opine to claim reinstatement with back wages, retrenchment compensation………………..etc

In case of proven misconduct company may not pay even notice pay.

You alone would know what charge was leveled by company and what explanation was given by you.

Your lawyer may opine that termination is stigmatic.

Your company shall certainly claim that you are not covered by def. of ‘Workman’ as in ID Act, ’Employee’ as in Shops and Commercial Establishments Act………………………..relationship is that of Master-Servant and Specific Relief act shall apply and contract of personal service can not be enforced in court of law…………………………and also jurisdiction of courts is as inserted in appointment letter i.e. say location of Redg/HO of the company.

However your lawyer may opine that you can approach:

Inspector under Payment of Wages Act: applicable to all employees drawing wages upto Rs.18000/pm as def. of wages in the Act………………….

Inspector under  (name of your state) Shops and Commercial Establishments Act

Employee’s Unions/Trade Unions ( Managers also do have unions in your sector and quite effective too e.g. at Kolkotta/West Bengal……………………………a Trade Union can also represent you….)

o/o Labor Commissioner (Central)

Civil Court

file complaint u/s 406,420…………….

Winding up petition…………

>>> It shall be appropriate to consult an able Labor Law consultant/Service Lawyer and proceed under expert advice of your lawyer……

well elaborated by Mr Kumar Doab

Dear Sir,

I was employed in Company from 16.06.2008 to 30.04.2013 i.e. 4 years 10 months 15 days as Assistant who has registered under companies act, 1956 and there were a thousand of employees and labours on contact basis were employed. This is a construction company. My Services was confirmed on due date i.e. expiry of 6 months of probation period on 16.12.2008 as per performance appraisal form duly filled in by General Manager(Project) as confirmation in service letter has already been got by the company.

All the year during employment, I had also got an enhancement of salary , Performance Bonus, LTA Claim. Company is also covered under Provident Fund act. Company is working all over India therein their Projects & site office there. A system of generation of Performance Appraisal for all staff is there. During tenure my services, all the year , I was rated as “Outstanding Performance by the respective In-charges. No adverse report against me was lying with company neither they have communicated a single lines nor any disciplinary action was pending against me till 30.04.2013.

Suddenly, I have got a mail dated 24.04.2013 from Vice-President of the Company and he has stated the following:

Dear Mehrotra,

“This is to inform you that we have discontinued your services on the grounds of Surplus at Rae Barelly Site and not on performance ground. The scope of work at Rae Barelly Site is at final stage and the management has taken decision to reduce the overhead expenditure keeping in view of the workload at the site. Compare to your salary and experience, full time work at site is not available for you. If is there outstanding dues and the same will be worked out and credited in your salary account.”

On the above mail, the applicant was not allowed his duty w.e.f.30.04.2013 and no dues clearance has also been generated by the other one staff who has taken the charge from the applicant. Charge taken staff was transferred from other project on 23.04.2013. There was not a single amount or paisa or any other dues against the applicant.

Under the above, I have sent 58 letters for requesting them to withdraw the discriminatory order and allow 3 months as notice period as per appointment letter. But they have not replied any things on the subject.

The following are my dues as per appointment letter which has been not been released till date. Please advice for further action:

(1)    Wheter I am eligibile for gratuity payment as per latest order of Supreme Court

(2)    Salary for 3 month against notice period

(3)    LTA claim voucher lying with company since 2012

(4)    Performance Bonus as per CTC

Regards,

Anil Mehrotra

Lucknow

You are eligible.

Since a charge of Non Performance  is levied the order is stigmatic.

Approach your Labor Law Consultant/Service Lawyer AS AP with all docs on record and proceed under expert advice of your lawyer...................................accordingly if you have decided to contest the discharge/retrenchment/termination and seek reinstatement ............................or claim settlement of accounts etc..................

 You can l

--Lodge complaint with Inspector under Payment of wages Act if your wages were upto Rs.18000/pm as per def. of wages in this Act.

--Lodge complaint with Inspector under (name of the state) Shops and Commercial Establishments Act if you are cover by the def. of employee in this Act

--Lodge complaint with O/O Labor Commissioner if you are covered as 'Workman' as in ID Act

--approach civil courts

lodge complaint under u/s 406,420......................file for winding up petition.

--approach employee's unions, trade unions and put pressure................

Submit FormI under proper acknowledgment for gratuity and mention that notice of determination of Gratuity and payment has not been supplied to you.......................................if company do not yield the ALC may issue FormN.