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Termination of service

(Querist) 01 December 2018 This query is : Resolved 
I was sales manager in reliance lifeinsurance company terminated me on 13-04-2016 without notice showing performance was poor in current year where as in past 8 years i was top performer. i have filled an application in labour commissioner the case became FOC now case is before tribunal what should i do please suggest. my mail is sanjeevshukla72@rediffmail.com
Kumar Doab (Expert) 01 December 2018
FOC; Failure of Concilliation
You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Labor/Service matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
Obtain proper legal opinion in writing!
Avoid acting on your own on hearsay.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
There are such very able counsels at each location.
Check for such counsels at LOCAL; Labor Court/CGIT, CAT/School-Educational Tribunal/Civil Courts, HC, SC,..
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Labor/service matters.
Your counsels may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.
Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.
Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE.
IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.
In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.
You can go thru/search the cases contested by any Lawyer at court website.
Kumar Doab (Expert) 01 December 2018
If you are confident that you are well versed with court procedures, properly informed on provisions of law and can handle the matter on your own...go ahead.

Proper support of a very able counsel is suggested.

Rest is upto you.
Isaac Gabriel (Expert) 02 December 2018
Termination withouut due process of Law is clear violation of settled law.Seek the help of lawyer conversant with service matters shall be advisable.
H. S. Thukral (Expert) 04 December 2018
Facts stated by you are not sufficient to guide you in your case. Never the less your termination dispute has now been referred to Industrial Tribunal and one of the term of ref would be whether the termination is legal and justified? You have to file a statement of claim stating grounds which would hold otherwise.First of all the jurisdictional issue will be raised by the company. Your designation as sales manager, where you would be supervising work of other sales officers job would be an hurdle to bring you in workman category to give jurisdiction to IT. Nature of your duties are of importance in deciding your status as workman or not. Your terms of employment are to be seen. Does termination violates any term of condition. Management would contest it a termination simpliciter of a non-workman in a private employment.
As Mr. Kumar Doab suggested you,it would be advisable to take professional advice of an advocate versed in labour matters
Kumar Doab (Expert) 04 December 2018
Performance may not necessarily be within control of employee or may be entirley due to circumstances beyond control of employee..and may not form justifiable ground to effect termination of employment.
Juridiction issue, perfromace issue may be raked up and your counsel can advise you how to handle IT and also advise on breach of contract. Very able counsels must have handled such issues successfully in many cases. The court/tribunal may opine to decide such issues later.Since the matter has landed in court/tribunal you shall come to know of version of employer and IT may post exact reason even if IT has issued Termination Simplicitor.
Or IT might have posted before ALC/ALCC.
You may appraise your counsel if anyone; say Sales Officers were reporting to you and you had the power to sanction leave/increment/appoint/terminate etc etc
IT shall be good to obtain professional guidance and help from a very able counsel as already suggested.
Expert Mr. H.S.Thukral, Mr. Issac Gabriel has responded to your query and if you wish you may approach them and discuss in detail. They can examine relating with due process of settled law and nature of duties… Some employer might press that any duty given to employee is to be performed by employee.
You should be clear after professional consultation.
Kumar Doab (Expert) 04 December 2018
There are many threads on similar query at LCI in threads, Files, Articles e.g;
Article under my profile e.g;
“Prospects of relief from civil courts to Employees that are not covered as 'Workman' and by umbrella of Labor Laws
Employee can file complaint against Termination Also at City Where Management decided to Terminate”


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