Termination
raghavendra
(Querist) 10 October 2012
This query is : Resolved
sir,
i have been terminated by the software company , my salary was 60000 peer month , i consult my lawyer and said i want my job back, he said we have to file case in labour court ,
is labour court has a jurisdiction or civil court , however my salary is 60000/- now , but my advocate says if u want your job back labour court only has jurisdiction , is true ?
thank you.
Guest
(Expert) 10 October 2012
Not true. The advice of your advocate is not correct. You don't fall within the category of labour. If you want to sue the company in service matter, you would have to file a case in the HC.
prabhakar singh
(Expert) 10 October 2012
JOBS TO SOFTWARE PROFESSIONALS ARE AWARDED BY COMPANIES BY A MUTUAL AGREEMENT.
TO ME LABOR COURT DOES NOT HAVE JURISDICTION.
IF THERE IS ANY BREACH OF JOB AGREEMENT ONLY COMPENSATION WOULD BE AVAILABLE THROUGH CIVIL COURT.
raghavendra
(Querist) 10 October 2012
sir ,
company says i have resigned from my job , but that is not true , hence i want my job back,
my advocate says labour court only have power to award reinstatement and back wages ,
also he says salary is not criteria to decide i am workmen or not , my nature of work was only working i was not having any managerial supervisery power
raghavendra
(Querist) 10 October 2012
i have my offer letter and appointment letter , my job was permanent one ,
prabhakar singh
(Expert) 10 October 2012
NEVER HEARD OF A JOB PERMANENT ONE FROM DAY ONE?
raghavendra
(Querist) 10 October 2012
sir ,
i mean my position was permanent one , there was no clauses about the termination of service unless i have commit misconduct,
in my termination letter company mentioned in view of my resignation letter my service is terminated ,
where should i go to get my job back now
ajay sethi
(Expert) 10 October 2012
company states your services are terminated as you have resigned , have you addressed any letter to compnay pointing out that you have not resigned and that order of termination mentioning resignation is false and misleading .
request company to furnish copy of resignation letter if any submitted by you . issue notice to company . then contact a local lawyer
raghavendra
(Querist) 10 October 2012
yes that piece of paper they have taken by me in coersion , immediately after that i have given withdrwan that so called resignation letter , now i want my job back , is salary only the criteria to decide whether labour couer has jurisdiction or not
ajay sethi
(Expert) 10 October 2012
so in fact you submitted a resignation letter . after how many days you with drew the resignation letter ? was it before acceptance and termination ?
raghavendra
(Querist) 10 October 2012
sir its on same day i withdrawn , now which court has jurisdiction
ajay sethi
(Expert) 10 October 2012
it would depnd upon your designation , nature of your responsibilites . you seem to be drawing a high salary of rs 60 ,000 .
if you are a workem and your termination is illegal then you have to move labour court for setting aisde order of termination and for reinstament .
ajay sethi
(Expert) 10 October 2012
Jagbir Singh vs. Haryana State Agriculture Marketing Board and anr.; (2009) 15 Supreme Court Cases 327, which was a case of termination of the services of a daily wager who had worked from 01.09.1995 to 18.07.1996, the Supreme Court took note of its earlier decisions and held as follows:-
W.P. (C) 7385/2007 Page 15 of 25 "7. It is true that earlier view of this Court articulated in many decisions reflected the legal position that if the termination of an employee was found to be illegal, the relief of reinstatement with full back wages would ordinarily follow. However, in recent past, there has been a shift in the legal position and in long line of cases, this Court has consistently taken the view that relief by way of reinstatement with back wages is not automatic and may be wholly inappropriate in a given fact situation even though the termination of an employee is in contravention to the prescribed procedure. Compensation instead of reinstatement has been held to meet the ends of justice.
