Unfair dismisal

raju chotani (Querist) 19 October 2011 This query is : Resolved
can a working manager who is with the company for 15 yrs & drawing a salary of 45000/ can be dismised, the company sent the the letter with 3 months salary. what can the employee do in such case. can he goto labor court

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Guest (Expert) 19 October 2011
There is a difference between dismissal and termination from service. Had the manager been dismissed, he would not have received three month's salary in liew of notice period, which clause the company would have prescribed for the purpose of termination of services. Even the manager would also have resigned by paying the amount of salary in liew of notice period had he desired to leave the company without serving notice of three months. So, he needs to check the terms of his appointment before taking any further course of action.

However, he is also entitled to claim gratuity from the company for the period of service of 15 years rendered by him.

A manager does not fall within the term of a labour. So, he cannot go to a labour court. However, if he has some solid proof of unfair and illegal termination, he can approach HC.

Devajyoti Barman (Expert) 19 October 2011
A Manager is not a labour and hence he can go to the Labour Court.

At the most the Manager can file a civil suit for declaration and injunction if the job contract debars such arbitrary dismissal.

prabhakar singh (Expert) 19 October 2011
If a manager can go to labor court then where shall go the labor??

experts have rightly opined and i agree with them.

H. S. Thukral (Expert) 19 October 2011
In private sector employment, it is the term of contract on termination which is given importance. However an illegal termination which imputes misconduct against an employee creating a stigma on his career can be challenged. A declaration and consequential damages can be claimed but an injunction would not be granted. A contract of personal service can not be enforced.

raju chotani (Querist) 19 October 2011
thanks for reply sir.jst one more clarification if this is termination, what r option??
civil court??
labor court(is it possible for a manager)

Guest (Expert) 19 October 2011
Labour court is not the right forum for an employee of a manager rank.

Sankaranarayanan (Expert) 19 October 2011
yes i do agree with all experts answer and particularly mr Harbajan singh opinion

Shastri J.K. (Expert) 19 October 2011
I agree with Experts.

Shailesh Kr. Shah (Expert) 19 October 2011
i also agree with experts but in my opinion manager also eligible to go labour court, however shri ps dhingra righlty said that labour court is not right form in this case.

H. S. Thukral (Expert) 19 October 2011
In fact it is not the designation but the work done by the employee to get labour court jurisdiction. A pilot is a workman but an in-charge of a shoe store is manager. In your case the first impression is that you can not come in the category of workman.

The option is to file a civil suit asking for a declaration and damages.