Termination from services.
Querist :
Anonymous
(Querist) 30 October 2010
This query is : Resolved
Hi All , I was working in a retail industry from past 2 and a half year with a private company. My place of work in at Delhi however the company in from southern india. In March 2010 , My company has sent me a termination letter without giving me any notic and charged me with false allegation.
So I have filed a case in Labour court at delhi.I demanded 20 times my salary with My rejoining with same designation and salary with necessary increments.
Please advise me that wat exactly happens in such cases and how much time will this type of cases take. Also advise me that would I can do any job during this case or not.
Please advise.
Waiting for ur advises....
Devajyoti Barman
(Expert) 30 October 2010
It is difficult to make any prediction without knowing the details of your case. Yes, you could do any other job in the meantime.
H. S. Thukral
(Expert) 30 October 2010
First of all it is about maintainability of your case in Labour Court. A LC gets jurisdiction only if you come in the workman category as defined in Industrial Disputes Act. You may end up without getting any relief from LC if you are not a workman. You can not demand 20 times salary as you have said in your claim. A Labour Court can award you reinstatement in service and maximum compensation is back wages, that too if you are not gainfully employed during this period. You better take help of lawyer who practices in Industrial Law.
Since your termination germinates from allegations of misconduct without proving the same, you can also avail remedy in Civil Court.
s.subramanian
(Expert) 30 October 2010
I agree with Mr.Harbahjan.
Kirti Kar Tripathi
(Expert) 31 October 2010
a perfect advise by Mr. Thakural, i am in full agreement with him.
Advocate. Arunagiri
(Expert) 31 October 2010
I agree with Mr.Harbhajan.
In addition you could have gone to the labour conciliation officer initially. The matter would be completed within few months from the date of filing the petition.
The compensation for termination without notice is limited to the notice period if any. In your case the court will decide the quantum as Mr.Harbhajan said.
Kirti Kar Tripathi
(Expert) 02 November 2010
After new amendment (2010) in ID Act, if the conciliation proceedings are not completed within 45 days from the date of presentation of application, you may directly go to Labour Court against termination.
Querist :
Anonymous
(Querist) 03 November 2010
Thank's for reply:
Company has given me an appointment letter of store incharge, bt im doing the work of clerical workman,home delivery and manuly work,if in case i loose this case from LC
can i go to high court or what else i can
do it more in this. since i have filed the
case im not wrking anywhere. in july i have
filed the case...
plz advise....
thanks
H. S. Thukral
(Expert) 08 November 2010
The onus of proving that you come under the definition of workman as per ID Act is on you. If you can prove that you can get a favourable award. You can challenge the unfavourable Award if any in HC.
