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Termination of employment without any notice

(Querist) 09 January 2021 This query is : Resolved 
Good evening sir,I am k.kishore from Visakhapatnam,rinl steel plant,my father is working as a watchman in SEA BHAVAN SOCIETY ( STEEL EXECUTIVES ASSOCIATION )The SEA SOCIETY COMMITTEE is warning us to vacate from sea bhavan and they removed my father job and accommodation,they came at the night around 10pm with JCB and collapsed my house.there is no support from management,we already sent a letter to rinl steel plant cmd, but cmd sir not responded yet,they are not paying salary since 6 months and tortured entire my family,my dad is not getting any esi,pf sir since he is serving the sea bhavan from 2001,there is only one employee in sea bhavan since 2001 but they are not providing esi,pf and minimum wages sir,they provided accomodation back side of sea bhavan and my father joined as a salary of 500/- per month,now he is getting 7000/- salary..yesterday last night around 10pm,they came with jcb and collapsed my room and left our households outside of sea bhavan sir, please help us to solve this problem sir, my father is the only 1 watchman for 6000 executive members since from the construction of sea bhavan,the backside room is provided by the LM.RAO garu who constructed sea bhavan in 2001 but present general secretary paramata Satyanarayana taking revenge to my family because of sexual harrasment letter on my mother is kept to CMD of steel plant towards paramata family need justice from u sir, please provide my father job and accommodation..since he is working from 20 years,the salary is 7000/- per month,paramata Satyanarayana is the only person who is reason for this issue sir..he warned us even if PM Narendra Modi and steel minister will call me and say provide job and accomodation to my family,he said he will not provide job and accommodation to my family..

Now they terminated my father job without any notice and they didn't pay any gratuity and other termination benifits sir..please help me what are the benefits my father will get from that sea bhavan society..

Advocate Bhartesh goyal (Expert) 10 January 2021
Termination from service without following of provision of sec 25 F of Industrial Dispute Act 1947 is not only illegal but invalid also . Issue legal notice to management and demand for restoration of service and due salary, if notice not complied with by management then file case against employer before Labour Court and claim restoration of service, due salary and other benefits.
Kishore99 (Querist) 10 January 2021
They are doing commercial activities in the society and they told in front of labour commissioner that my father is not an employee in that society ..they are unfair and telling fake information sir
kavksatyanarayana (Expert) 10 January 2021
You have no option except to file a case against them.
Kishore99 (Querist) 10 January 2021
Thank you so much sir for your response couldyou plz provide me u r whatsap num so that I can share req documents
Kishore99 (Querist) 10 January 2021
Sea society management informed to deputy labour commissioner that my father is not their employee and also informed the predominant activities of sea is service and welfare programs for its executive members and doesn't involved any commercial activity and it cannot be covered under the definition of industry under industrial dispute act 1947 as held by the hon'ble supreme court in the banglore water supply and sewerage board case.this has been reiterated by the Bombay hight court in a recent case of M/S Arihanth siddhi co.op.hsg vs1 (A) pushpa vishnu more and others during 2018.therefore the petition under the provisions of I'd act 1947 is not maintainable ab initio.thus the question of compensation pay and notice pay doesn't arise.according to sections 2 ( oo ) of the industrial dispute act 1947 ( IDA ) retrenchement is the termination of service of a worker but excludes termination by way of punishment inflicted pursuant to disciplinary action,voluntary retirement,retirement on reaching the age of superannuation.if the contract of employement contained such stipulation, non renewal of the contract of employment and continued I'll health even if for the sake of argument the case of petitioner consider to be falling under the provision of I'd act 1947.the sea society also not agreed to re-employ my father in view of the C.C CAMERAS arranged. these are the comments issued by the sea bhavan society management before dy.labour commissioner.deputy labour commissioner made proceedings and given a statement as there is no amicable settlement,my father is advised to file a case before labour tribunal,visakhapatnam for redressal of his grevience.
Rajendra K Goyal (Expert) 12 January 2021
Repeated query:
krishna mohan (Expert) 13 January 2021
You can complaint to Central Labour Commissioner of your area in writing for non payment of wages including minimum wages for appropriate remedy. Lawyer specialized on service maters in your area can be of help for further consultation..

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