paras 14 March 2015

Labour law

Dear Sir,

I was in manufacturers association. The association was organized Exhibitions but registered as a non profit organization and having 12A certificate also.. But they collect service tax 12.36% on their provided service .. and they terminated me wrongfully... please tell me can I admit my case under Industrial dispute act ???? Please advice

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4 Replies

arulprasath (HR & Legal) 16 March 2015

If you were worked for salary then you are treated as employee and you can cover under IDA. at what ground you had terminated?

paras 16 March 2015

I was clerk in one Manufacturer's Association and Association may be registered under The company act 1913 section 26.... (Non profit Association).... In the board meeting of association had desided to change the staff so they terminate me instantly by paying one month notice pay without mentioned any reason in termination letter or without any Inquiry against me.... I had filled case in labour court under ID Act.. but Association had argumented in the court that they are non profitable Association so labour court have no right to face this case...Please advice me IS IT OK of not. What can I do ??????

arulprasath (HR & Legal) 17 March 2015

Non profitable charity or profit making business is immaterial, any person working under the salary is consider as an Employee and any dispute arise within the service will deals by IDA, Please refer the case: Bangalore Water-Supply & ... vs R. Rajappa & Others on 21 February, 1978

Equivalent citations: 1978 AIR 548, 1978 SCR (3) 207

T. Kalaiselvan, Advocate (Advocate) 23 March 2015

The terms and conditions of your employment or offer letter is to be seen to render your proper opinion because you state to have been served with one month notice before termination.