Labour court

kaur (Querist) 25 April 2015 This query is : Resolved
I am in private job for the last more than 15 years and confirmed employee of the institution. A year back in the interest of institution I reported certain facts before the higher authority against my senior officials regarding misappropriation and embezzlement of funds. But those officials are on & off trying to harass me and in one occasion I have applied for higher post which was vacant in this Institution but I was not even called for interview. I requested that I want to meet the Head Patron but was not allow to meet. Few months back my mother had written to Head Patron and explained the full details regarding the situation which I had to face for just speaking the truth and bringing actual facts before the higher authority but since more than 5 months have passed no reply has been received to my mother nor to me. Now I came to know from some sources that society is planning to remove me from the service. My query is that in case I am removed from service do I need to approach Labour Court or High Court for early decision.

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Kumar Doab (Expert) 26 April 2015
What is this establishment registered as : Commercial, industrial?

If you are covered by the def. Of 'Employee' as in Shops & Estb.Act and company is registered as commercial you can approach Insoector appointed under the Act and ' Workman' as in ID Act.....then Labor court......

Have you and mother represented/written under proper acknowledgment.......and do you have evidence to prove malafide, discrimination, etc?

P. Venu (Expert) 26 April 2015
A confirmed employee cannot be removed without a proper inquiry.

kaur (Querist) 26 April 2015
This is charitable Hospital which comes under the purview of ID Act. Letters have been posted under proper receipt to Head of Patron of Society for personal hearing but inspite of five months passed no response.

P. Venu (Expert) 26 April 2015
Is the Institution registered with the Charity Commissioner or a any similar authority?

Rajendra K Goyal (Expert) 26 April 2015
No employee can be removed from service without following due process of law.

If you want to remain in private concern try to have good relations with your seniors.

In another query (link given below)you have mentioned that your service has been terminated due to some family property dispute. What is the fact?

http://www.lawyersclubindia.com/experts/Termination-of-service-407886.asp#.VTyIxtKqqko

Dr J C Vashista (Expert) 29 April 2015
Well advised by experts, I agree. The institution cannot remove you from service without due process of law. If still proceeding against you, contact a local lawyer and sue them after issuance of a legal notice.