Illegal termination from job
mukesh kumar
(Querist) 08 November 2011
This query is : Resolved
If someone had worked with a company for 27 years, as technical staff for assembling c d players for about 10 yrs, after that the campany changed the business , then company got him engaged in his shop in lajpatrai market lal quila, and now the owner has sold out the shop worth Rs. 2 crore, and he is running a guest house in delhi n doing buiders works
n now he has erminated the person who served for him for about 27 years in different jobs in his company. The man is a very poor man having no means for survival, having 3 small children, and the owner has not give him anything excpt the salry for the month of oct 2011, what he should do and what remedy he can get though legal process please guide
Sankaranarayanan
(Expert) 08 November 2011
you approach the local labour office and seek remedy . How many staffs was working in that firm, is the company registered under the EPF and ESI .IS they detected any pf for him during his service?
H. S. Thukral
(Expert) 08 November 2011
You are entitled to a compensation of 15 days salary for each completed year of service ( retrenchment compensation). If you are not interested in taking back the job then you simply file an application before the Labour Court of the area under the provisions of ID Act. You don't have to pay court fee and engage a lawyer who usually represents workmen. He will charge you reasonable fee.
prabhakar singh
(Expert) 08 November 2011
Rightly advised by Mr.Harbhajan Singh Thukral
Rajeev Kumar
(Expert) 08 November 2011
Mr.Harbhajan singh Thukral has rightly replied.I totally agree with him.
Shailesh Kr. Shah
(Expert) 09 November 2011
I too agree with Mr.Harbhajan Singh Thukral.
Kirti Kar Tripathi
(Expert) 10 November 2011
One can not compel an employer to continue his business forever. It is fundamental right of an employer to run its business at his own will or change the same. Once on business is closed, the employees working in said business can not compel the employer to engage them in another business run by the same employer. However, they have a right to claim closer compensation as per industrial disputes act
