Terminated from Employement
Querist :
Anonymous
(Querist) 14 July 2011
This query is : Resolved
I had been Terminated from my employment after 16 yrs. of my service. The employer had not given any prior notice of termination. The termination has been due to the fact that we 16 staff employees had taken the cause of raise of salary and Union activity under the leadership of Mr. Rajan Raje. The case is still been carried in the office of Labour Commissioner office. They give us Taareekh pe Tareekh. Please advice us how to fight this legal battle very fast.
Kirti Kar Tripathi
(Expert) 16 July 2011
It appears the case is in conciliation process. If you are covered by Industrial Disputes Act, you can directly file your case before the Labour Court/ Industrial Tribunal after 45 days from the date of initiation of the Conciliation proceedings. The Industrial Disputes Amendment Act has provided such provision. Otherwise, you have to obtain direction from the High Court commanding the authority concern to to expedite the case
Querist :
Anonymous
(Querist) 17 July 2011
Dear Mr. Kirtikar Tripathy,
I had been Terminated from my employment after 16 yrs. of my service. The employer had not given any prior notice of termination. The termination has been due to the fact that we 16 staff employees had taken the cause of raise of salary and Union activity under the leadership of Mr. Rajan Raje. The case is still been carried in the office of Labour Commissioner office. They give us Taareekh pe Tareekh. Please advice us how to fight this legal battle very fast
How can I know that I am covered by Industrial Disputes Act. My work as er management is that of supervisory and that of managerial. I discharge the duties that is of supervisory and technical and clerical in nature. If I loose tha battle then what? Will you take our cause? or recommend an advocate which will take our case well. This case is running in Thane Labour Commissioner's Office (Maharashtra).
We want to file the case directly to Labour Court or High Court by-passing the tribunals and all fuss. Also note that since we are Terminated we will not be able to pay any Advocate heavily. so please advice a winning Advocate and not eating Advocate.
Kirti Kar Tripathi
(Expert) 17 July 2011
The duties as you described, clearly falls within the scope of definition of "Workman"as defined under The ID Act.In case, your services are terminated without notice or notice pay and without any domestic enquiry, your case with come within the scope of retrenchment under the Act and in that event, the employer was under obligation to comply the conditions precedent to retrenchment i.e to give one month notice or notice pay and retrenchment compensation according to the period of services rendered by an employer in the industry either prior to termination or simultaneously.Non compliance of this condition makes the termination illegal and employee id entitled for reinstatement with all fringe benefits. So for as taking of your case is concerned, I do not know, where your case is going on. Thus it is not possible for me to take your case but you, you can be in my touch and whatever help I can to I can certainly help you.
Kirti Kar Tripathi
(Expert) 17 July 2011
Further, as you have Stated that your case is pending Labour Commissioner's Office (Maharashtra)[ Thane. You will governed by The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. You have to see whether any such amendment is made in this Act after amendment in Industrial Disputes (Amendment) Act, 2010. In case, no amendment is made you have no option except to wait for conclusion of conciliation proceedings. However, you can go to High Court for direction against the Labour Commissioner to expedite the case but you can not bye pass this forum and can not seek redressal of your grievances against said termination in High Court directly.
Querist :
Anonymous
(Querist) 18 July 2011
Dear Mr. Tripathy
Now Please Elaborate on the point "the employer was under obligation to comply the conditions precedent to retrenchment i.e to give one month notice or notice pay and retrenchment compensation according to the period of services rendered by an employer in the industry either prior to termination or simultaneously.Non compliance of this condition makes the termination illegal and employee id entitled for reinstatement with all fringe benefit.
Also note that our employer had given one month advance payment while giving the termination Letter.
Earlier the employer had given V.R.S. to 90 workmen employees 1 yrs. before our termination. They don't want to run their company. They want to kick out the Staff members blankly like us Terminating without any faults. All these points are mentioned in the case while submitting the case in Labour Comissioner's Office. The company had denied these points.
Also give me your Mob. No. so that I can talk in details about the case. My mob. No. is 9867460251 if you like to contact.
Also advice us some good advocate in thane district of Maharashtra if you know one who can take u our cause.
Kirti Kar Tripathi
(Expert) 18 July 2011
Section 25 F of the Industrial Disputes Act, specifically provides that if the services of a workman, who is continuous employment of not less then one year are retrenched, the employer is bound to give one month notice or notice (This is in addition to notice period, under his contract of service, if any) or notice pay in lieu thereof and retrenchment compensation equivalent to 15 days salary for every completed year of service. This the mandatory condition, violation of any of the condition renders termination void ab-initio and nullity. This payment should be made either prior to retrenchment takes place or simultaneously. Neither any deduction nor less payment of this amount is permissible under the law.
