Illegal termination from service
Mohd Abdul Nayeem
(Querist) 02 April 2014
This query is : Resolved
Hi,
I work as a Casual Compere at Gyan Vani FM Radio Network at Hyderabad on the frequency 105.6 MHz (IGNOU Educational Broadcast Division, New Delhi)purely on assignment basis for the past 7 years plus (infact right from its inception)
Past week I sent a mail to the Regional Director IGNOU Hyderabad and to my other friends to inform to our Asst. Station Manager (as I did not have the email id of her) about the inappropriate income tax deduction under 194J of the Income tax section (Any services beyond Rs.30000/-) is to be taxed. The Asst. Station Manager was charging for the entire amount (I got Rs.40000/- in a year and my taxable income is Rs.10000/- and not Rs.40000/- as the section clearly says it is beyond Rs.30000/-). So violating this the lady was charging higher income tax and setting a wrong precedent.
I could not take this and very politely and calmly I wrote a letter to my friends and Regional Director IGNOU Hyderabad (The Asst Station Manager works under her) to pass the attachments of the mail to her.
The Asst Station Manager came to know about it through the Regional Director and felt ridiculed and stopped giving assignments to me from there on.
I have been auditioned and doing the job for past many years. All I want to know and seek guidance from you 'How can she terminate me from the duties without assigning any reason?' Is this reason is sufficient to terminate anybody who are in the contractual position?
I am feeling so embarrassed and deserted over this incident that she(ASM) did not even bother to consider my seniority in the station (She had joined recently on contractual basis after her retirement). I am student and this was acting as my pocket money. How do I fight back on this please guide. Where and how should I lodge a complaint or get the redressal of my grievance?
Please reply!
Thank you and regards
PS: A copy of the letter written to the Regional Director is also attached!
MOHD ABDUL NAYEEM
Research Scholar
Hyderabad
Guest
(Expert) 02 April 2014
The whole of your long description of the problem is irrelevant, when you have ignored to provide the very basic information, (1) to which period of the part of the year or the year as a while, your earning was 40,000, (2) what is the aggregate income during the whole year from your employer, and (3) at what rate and how much amount was deducted as TDS?
Your case falls within the ambit of contract, not as a casual labour/employee of the organization.
For your information, when the amount exceeds Rs. 30,000 then the deduction has to be made on earlier amount also. The section 194 C is applicable in your case, you being a resident contractor.
So, nothing wrong was done by the employer in making TDS on your income of Rs.40,000/-. In fact, before writing letter, you could have checked the provisions of IT Act or consulted some tax consultant.
You can well realize, no employer likes to keep on rolls any such person, who can create problems without any justified reason.
Guest
(Expert) 02 April 2014
About legality or illegality of your termination, better check the terms & conditions of your appointment.
Mohd Abdul Nayeem
(Querist) 02 April 2014
Hello Dhingra sahab,
Thank you so much for replying to my earlier letter promptly.
I am submitting the following:
1 & 2. The total income of Rs.40,000/- was for the financial year (April 2013 to March 2014)from the employer. I have no other income as such. I am a PhD student and get some stipend which does not fall in the income tax ambit.
3. The employer has deducted @ 10% on Rs.40,000/- which makes it to Rs.4000/-
I do not fall in 194C because I have been paying the income tax in the previous years according to 194J. I fall within the ambit of Professional fees and not contract. So according to 194J and my earlier experiences of tax deductions suggest me that the TDS should be levied only on Rs.10,000/- and not on the total Rs.40,000/-.
Sir, I have checked with Income Tax officer and also seen the form 16A of the previous years and only then I have written the letter to her.
I never created any problem infact I wanted clarification on how and why this excess amount is deducted. Is it a sin to ask for justice? And my approach has been very very humble and I have historical data to present it.
Can you please suggest me what steps should I take now to nullify this termination. There is as such no appointment order. It was just a letter about my auditions and the selection.
I hope you understand my problem and seek your and others suggestion/advice in this regard.
Thank you!
Guest
(Expert) 02 April 2014
Dear Nayeem,
If you are Governed by section 194J, not 194C, you have missed to provide another information, i.e., in which capacity you had been working as a professional earning professional fee?
So far as "broadcasting and telecasting including production of programmes for such broadcasting or telecasting" is concerned that is governed under the provisions of section 194C (7) and explanation (iv) (b) below that section.
Mohd Abdul Nayeem
(Querist) 02 April 2014
Dear Dhingra Sahab,
Yes, am governed by section 194J of the Income tax and I worked as an Artiste/Presenter of the broadcast programmes at the station.
Taxation is ofcourse the issue but what do I do for the termination? Can anybody be through out just like that? Is there no mechanism to deal with?
regards
Sudhir Kumar, Advocate
(Expert) 03 April 2014
your question
"'How can she terminate me from the duties without assigning any reason?"
you have not elaborated terms of services.
Guest
(Expert) 03 April 2014
Anyway, even in that case of 194J, as and when the amount reaches beyond the initial Rs.30,000/- the TDS has to be made on the whole amount including the initial Rs.30,000, as the said amount is not treated as exempt over and above the etatutorily exempted income for individuals. If your aggregate taxable income does not exceed the exempted income, you have to claim refund of the tax from the Assessing Officer on submission of your IT Return.
So far as the termination is concerned that can only be analysed with reference to your appointment orders and conditions attached with the appointment. So, you need to check those conditions based on which you made application and your selction made, if the appointment order does not contain the terms and conditions.
Even otherwise, fee based appointments depend upon the sole discretion of the employer and can be terminated any time by the employer, as the appointment is not of permanent nature.
Rajendra K Goyal
(Expert) 03 April 2014
If any extra tax was deducted, it can be claimed by filing return.
The employer has the right to terminate the employee within the terms of appointment.
Mohd Abdul Nayeem
(Querist) 03 April 2014
Fine! I agree with you on the tax but how about the termination. Who is authorized to terminate? The person is an Asst Station Manager under the supervision of IGNOU Regional Director Hyderabad. Is there no way to protect the right of contractual - assignment based employees? What is the way out? If you could provide me your email ids then I shall mail you the scanned copy of the contract where the terms and conditions are mentioned (not explicit).
Is there no legal way that I can approach and claim that my termination is against the norms? Should we be at the mercy of somebody who herself is also on the contractual position. Can a contractual person terminates the other contractual person? I am thinking of filing an RTI to know these details from IGNOU. What do you suggest? Is it advisable to do so? What does the Contract Law and Legal framework say about this?
Please guide.
regards
Guest
(Expert) 03 April 2014
What are those norms, which have been violated by the employer in making your termination? If you have a solid evidence, you can approach the cout of law to get justice.
About other things like a contractual person terminates aother contractual person, you are merely discussing academically, without providing the requisite facts, like delegated authority of the terminating authority vested in her by the competent authority, your own termination letter, terms of your appointment, etc.
Instead of wasting time in stretching the thread too far merely with academic type of queries, better consult some expert on service laws by getting all your service related papers examined.
However, if you have pre-decided to go for litigation on your own perception about illegality of termination, but without ample proof in your favour, you can feel free to do so, provided you have spare time and money to spend on the case irrespective of the result, in favour or against.
Mohd Abdul Nayeem
(Querist) 03 April 2014
Dear Dhingra sahab,
I approached this forum to seek guidance. If I have known things then I would have rather approached a lawyer as one of the members pointed out. The fact is I have no appointment order except the monthly contract form which I sign and on the back of this there are some 10-11 points related to the contract. I wanted to scan and mail you this sheet (if you could provide the email id).
Without proper guidance and information I can't proceed further and take action.
I am sure once I post those contractual terms and conditions things will become pretty clearer to deal with.
I am sorry if you feel it stretched through the thread. I am also helpless as I do not find any solution or path to proceed.
regards
Guest
(Expert) 03 April 2014
Mr. Nayeem,
If you don't know the things about your own case, how you can expect the experts to presume at their own to guide you in your case. Until the very basic facts are clear, nobody can give you proper guidance?
You can feel free to mail scanned copy of both the pages, obverse and reverse sides of the monthly contract form through email. Email ID is: dcgroup1962@gmail.com
T. Kalaiselvan, Advocate
(Expert) 03 April 2014
You may follow the suggestions posted by the experts above in this regard.
Mohd Abdul Nayeem
(Querist) 04 April 2014
Thank you all for the prompt suggestions. When I said I do not know much about the case I mean the legality of it. I have given all the details whatever I know except the terms and conditions of the contract as I have scan or type them all (which I am going to do and hope it does not take much space and your valuable time to read).
Dhingra sir, I will post you the copies shortly.
May be after going through the contract you might be able to guide me.
regards
Guest
(Expert) 04 April 2014
Mr. Nayeem,
Legality of the case hinges merely upon the terms and conditions of your employment vis-a-vis your termination letter that can be examined only on receipt of the same.
Mohd Abdul Nayeem
(Querist) 04 April 2014
Thank you Dhingra sir for help right from the beginning of this thread. I have just sent you the scanned copies of the one my earlier contracts both front and back images. I could not post them here due to attachment problem.
regards
Sudhir Kumar, Advocate
(Expert) 05 April 2014
you can expect best available advise from Mr Dhingra based on available papers.
Guest
(Expert) 05 April 2014
Ok, I shall see the papers, if sent.
