LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mahi   08 October 2016

50 sales promotion employees terminated without any reason

Hi good morning,

                             My employer has recently called  on short notice to 50 sales Promotion Employees(Medical Representatives) to corporate office Bangalore and provided them air ticket and hotel stay ,there they were asked to accept separation amount which was negligible or resigned ,and there were bouncers kept to threaten them .On knowing this the union intervene there and support the employees to not to come under any illegal pressure or tactics.Resulting all employees refused to do so .In the evening same day company terminated the services of all citing you refused to accept the alternate employment we have offere to you ,so your services are terminated w.e.f same day.

Can you plz elaborate what are the options available to sue the employer in the court to get immediate relief ,because some of the employees are not in a position to fight legally for 2-3 years,means they are financially weak,and we are seeking your help to get interim relief to sustain their life.

regards

mahi

 



Learning

 21 Replies

adv.bharat @ PUNE (Lawyer)     08 October 2016

Dear Mahi 

U need to read T
OR for their appointment order whcih clearly indicate the reason for their removal from the company.

Are they permenant employee of that organization?

When notice is given whether they had given reply in written to it?

If employee give u any other employment whether it is written?

How union help to these employer?

if u clarify it then we may help u.

If u appreciate the answer then will u give THANK on my profile.? 

Kumar Doab (FIN)     08 October 2016

You have posted that:

"there they were asked to accept separation amount which was negligible or resigned..........................In the evening same day company terminated the services of all citing you refused to accept the alternate employment we have offere to you ,so your services are terminated w.e.f same day."

 

Apparently it was Lay Off.

Apparently the employees did not lodge any police complaint.

However did the company issue and supply any written communication to this effect before calling for meeting-/alongwith tickets as intent of meeting: Probbaly NO.

 

It seems to be that Industrial Dispute has occurred.

The employees may prefer to contest at their locations.

The unions may like to invilve media, higher officials of Dept. of Labor, ministers, minsiteries etc etc

 

 

 

 

1 Like

Mahi   08 October 2016

Dear Mr.Doab and Mr.Bharat,

Yes company have given in writing through official mail and ticket attached and details of hotel stay.Also the union had intervened  same day in the hotel itself and that was the reason employees refused to sigh nor resign !,Media was invited and news was published in the Hindustan times .Also complaint was lodged before the labour commissioner also but employer is totally adamant and saying in response to media call that we have done as per law and regulations of the country.

My concern is company believe in money muscle and this is routine for them,MD is extremely adamant and known for policies against the workman.Now among those 50 Employees few are young ,few are financially weak, where they are not in a position to indulge in legal fight because of age factor or financial status.

So please guide or brief me the option where court can give interim relief to sustain their livelihood .

I forgot to mention that among 50 employees some are the company for the last 25 years ,and all are confirmed and permanent.

Company has not offered them any alternate employment,they were offered separation amount  only .

in termination letter it mentioned you refused to accept the alternate employment so co is compelled to terminate your employment w.e.f today ,where as in actual no alternate employment was offered.

please guide,regards,Mahi

 

 

 

Kumar Doab (FIN)     08 October 2016

The employees may approach a very able counsel specializing in Labor/service matters.

Courts are 'Parens Patriae';Parent to the Nation. 

Courts of law can undo the illegal action.

Mahi   09 October 2016

Dear Mr.Doab,

thanks a lot for sparing your valuable time ,but please understand I am expecting from you the legal  help in guiding us how yo get the interim relief ,to at least sustain the livelihood of effected workmen.

regards

Kumar Doab (FIN)     09 October 2016

Have you and union that has in its custody all relevant documents, shown these to a very able counsel specializing in labort/service matters, for a considerd opinion?

If yes, what is the opinion?

 

Mahi   12 October 2016

Dear Mr.Doab,

                        Union is working and planned is there to lodge the cases at respective Hqs of employees ,but problem is coming there that most of the workmen are not in position to survive the legal fight.

                       So I was looking a expert reply from you that how and which law workman can ask for livelihood /interim relief to sustain their families.Can workmen approach high court directly/Human rights commission ,can high court give interim relief?

Regards,Mahi

Kumar Doab (FIN)     12 October 2016

Speaking; Termination order  seems to have been passed.

Unions provide sustainance allownce to its ,members.

 

 

 

Kumar Doab (FIN)     12 October 2016

Have you and union that has in its custody all relevant documents, shown these to a very able counsel specializing in labort/service matters, for a considered opinion?

If yes, what is the opinion?

Has your counsel opined that stay on termination: is possible?

Sudhir Kumar, Advocate (Advocate)     12 October 2016

"Yes company have given in writing through official mail and ticket attached and details of hotel stay.Also the union had intervened  same day in the hotel itself and that was the reason employees refused to sigh nor resign !,Media was invited and news was published in the Hindustan times .Also complaint was lodged before the labour commissioner also but employer is totally adamant and saying in response to media call that we have done as per law and regulations of the country."

 

why these facts were not introduced in first blog.

Kumar Doab (FIN)     12 October 2016

You may carefully go thru:

Madras High Court

Sasirekha Thangavel Natarajan vs Labour Court-Iii on 20 January, 2015

 https://indiankanoon.org/doc/172406059/
      

Kumar Doab (FIN)     12 October 2016

pfa

 

Madras High Court

Sasirekha Thangavel Natarajan vs Labour Court-Iii on 20 January, 2015


Attached File : 60926 20161012211505 721126472 stay on termination.docx downloaded: 40 times

Kumar Doab (FIN)     12 October 2016

Madras HC stays(interim) TCS to terminate a women employee(a FITE Member); A ray of hope for many

The trade union FITE may be approached.

https://fite.org.in/2015/01/13/madras-hc-stays-tcs-to-terminate-a-women-employee-a-ray-of-hope-for-many/

Kumar Doab (FIN)     12 October 2016

Go thru;

Delhi High Court

Air India Ltd vs Aditya Beri & Ors on 23 May, 2012

https://indiankanoon.org/doc/68280588/


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading
Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query