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How to decide an employee as surplus

(Querist) 13 February 2013 This query is : Resolved 
Dear experts,

Can an employee whether workman or not be declared surplus on account of reasons like reorganisation, recession in industry etc of his department without any written approval from his HOD to HR Department?

What are the chances of his winning the case if he fights his case say in labour or civil court on the ground that management has not produced this report duly recommended and signed from his HOD who is the real person who can judge or recommend whether he is surplus or not in his department and it is only a malafide intention of management to fire him out of job by giving reasons like reorganisation, recession etc.

rgds
Raj Kumar Makkad (Expert) 13 February 2013
management is the appointing authority and it is the same authority to declare any employee as surplus on the reasons provided by you in the query. Management may take help of HRD if it wishes otherwise it is not a law.


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