Termination
Querist :
Anonymous
(Querist) 21 January 2011
This query is : Resolved
My appointment letter states that I am on the probation for 1 year and after successfully completion of said period you may be confirmed by in writing ,other wise it will be continued .
I have raised the case in labor Court for challenging termination by orally without charge sheet ,showcase notice & all as I have completed 1 year and 1 months & 240 days as per law and pray for reinstatement with full back wages .
It will affect the case due to probation status if they state the above clause in appointment letter.
Kindly suggest with case law & rule
Please help me out
Thanking you.
Yogesh
Guest
(Expert) 21 January 2011
YOU MAY REFER THE JOB OFFER AND APPOINTMENT LETTER AND ALSO SERVICE REGULATIONS IF ANY OF YOUR OFFICE.KINDLY NOTE THAT THE OFFICE WILL ISSUE YOU A LETTER OF TERMINATION AFTER THE SAID PERIOD .YOU MAY APPROACT PROPER LABOUR/INDUSTRIAL COURT FOR HELP.GOOD LUCK.
Querist :
Anonymous
(Querist) 21 January 2011
Respected Sir
i already filed case in labor court but the company terminated my services orally and i had send him 2 letters requesting to re in statement in to service by register ID and they had not replied once till filing of the complent.only only think is that my applicability of probational period with out notice.
pls clerify
yogesh
Kirti Kar Tripathi
(Expert) 21 January 2011
Section 2 (s) of the Industrial Dispute Act,1947 defines "workman" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person - (i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or
(ii) who is employed in the police service or as an officer or other employee of a prison; or
(iii) who is employed mainly in a managerial or administrative capacity; or
(iv) who, being employed in a supervisory capacity, draws wages exceeding Ten thousand rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.
from the above definition it is evident that the Industrial Disputes Acts does not make any distinction regarding the status of a workmen. he may be permanent,temporary, casual, substitute or probationer. if he performs above nature of duties he is workmen and is entitled for protection of the I.D. Act.
Querist :
Anonymous
(Querist) 22 January 2011
thank you sir
but point (iv) my basic salary is rs.5695 and gross salary is rs.18750.so it will not applicable to me
please clarify.
Thanks
Yogesh
Kirti Kar Tripathi
(Expert) 22 January 2011
it will be applicable, if your nature of job falls within the ambit of manual, unskilled, skilled, technical, operational, clerical. Salary limit is not a sole criteria to determine the status of an employee as workman.
Querist :
Anonymous
(Querist) 24 January 2011
my post is Assistant Accountant.
kindly confirm
thanks
Yogesh
Querist :
Anonymous
(Querist) 28 January 2011
SC in State of Punjab vs. Sukhwinder Singh 2005 INDLAW SC 417 held that probationer does not have any right to the post and an inquiry conducted to obtain primary facts and mentioning absence from duty cannot qualify as termination punishment - A probationer
Sir How we can defend on the above in court & under which section
Please explain
Thanking You
Yogesh
