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confirmation

(Querist) 18 April 2008 This query is : Resolved 
sir,

please let me know that i am working in company my designation is executive grade E3,
which is less than supervisior level, i am terminated from the service without any reason, i have filed a petition under labout commissioner office, and management is objecting that i wont came under this concern.

i have not got any authorisation for signing anything nor i have got any power please let me know and confirm me whether i eligible in this concern.

thank you

ismail ali
SHIV KUMAR GUPTA (Expert) 18 April 2008

your designation and supervisory role initself is bar to put up your case with labour department. Pl go through the civil court.
s.k.gupta
09810467564
H. S. Thukral (Expert) 18 April 2008
It is not the designation nor the wage structure which would determine the status of a person whether he is a workman or not in order to get protection under Industrial Dispute Act. It is the nature of duties only which would determine the status. It is dominant purpose of employment for which an employee is employed and if the main duties are of managerial and administrative nature, he would fall in exclusion category under section 2(s)i.e. definition of workman, of the IDAct
If you have raised a dispute over your termination, the labour depaartment can not decide this question of your status as a workman or not. The appropriate government is bound to refer the dispute to a labour court, who thereafter on available evidence shall decide this question. If you are in Delhi, you can directly approach the labour court over this illegal termination within a limitation of one year and there is no need to go through the government. If you are found to be a workman then termination would be illegal as it is in violation of various provisions of industrial law.
mir mohamed ismail ali (Querist) 22 April 2008
Sir,

I can have put the matter with DLC, bangalore, but management putting objection against it but i have fought for it since i am also a employee of the industry, and i have full right for the IDA rights. please confirm me so that i can fight with the confident that it is permissible in this DLC office also

thank you
ismai ali


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