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Prashanth (Student)     23 February 2011

Case against company for Illegal Termination

 

I was offered a role of Sr Manager in a company with a 12 Lac CTC . Within 3 months I was Illegally Terminated without giving any reason . I appealed to the Labour officer & to the State Government . The company defended that they terminated me on the ground of Non Performance with Labour officer .

 It was suggested that due to the reason of non completion of 240 days my case cannot be considered .

 I have challenged the termination in Labor court . I have evidences to show my performance .Pls provide suggestions in taking the case further



Learning

 9 Replies

KS (SM)     25 February 2011

I Think you have a case to take forward.

Employers making wrong decisions at the time of employment by giving false promises and later changing their stance is increasing day by day.

If you are in an employment earlier and have shown considerable years of sevice you can very well state that performance cannot be the case at all.

You can claim for compensation for a loss of settled employment due to false assurances of this company.

I expect more knowlegeable persons to comment on this further.

Mallik Karra (Done with AIBE)     26 February 2011

1st - You said you've appealed to labour officer and St Govt and they denied the case stating you did not work for 240 days -  sorry but i did not understand this, keeping in view your CTC you do not fall under workman and hence cannot go to labour court.

 

2nd - Now if you file a civil case there will be no reinstatement  but yes you can sue for the loss

 

what does your offer letter say about terminating..................

 

calling all experts here.............

1 Like

Kirti Kar Tripathi (lawyer)     04 March 2011

 

You have chosen the wrong forum. The remedy under the Industrial Disputes Act will not be available to you as you are Sr. Manager. If it as case of breach of contract, you have a remedy under civil law. Thus you can challenge the same by filing of Civil Suit. But in Civil suit, you can not claim reinstatement as contract of personal service can not be enforced by Civil Court under the law. However, you can claim damages and compensation. For which, you have to pay Court fee on the amount of damages and compensation so claimed. The question 240 days will not arise in the present case as your case do not come within the scope of Industrial disputes Act. Only contract will be looked into.

 

1 Like

Prashanth (Student)     04 March 2011

Dear Mr Tripathi,

Thanks for the Suggestion . More details on the case are as follows :

My Case was considered under ID Act for the reasons

Though I was given the Post of Sr Manager, I was not having any supervisory role( ie : No Subbordinates working under me nor I was having anyone reporting to me  ) 

My Designation in the company's ERP & other Systems was Business Executive .

Another Important Point to be noted : The company defended that they terminated me on the ground of Non Performance .  But Untill date they have not relieved me ( No relieving Letter is Given ) 

Prashanth (Student)     04 March 2011

 

Dear Mr Mallik,

Thanks for the Suggestion .


More details on the case are as follows :My Case was considered under ID Act for the reasons


Though I was given the Post of Sr Manager, I was not having any supervisory role( ie : No Subbordinates working under me nor I was having anyone reporting to me ) 


The offer letter was given after 10 days of Joining & at that point of time I had very less choice but to accept the offer as I had already resigned from my previous company 


My Designation in the company's ERP , CRM & other Systems was Business Executive .



My Offer letter states 7 days notice for termination upto 6 months of Probation .

Kirti Kar Tripathi (lawyer)     04 March 2011

As DLC has no power to adjuducate the facts and legal issues. this the consideration of DLC that you being not performig duties of supervisor has no meaning. If your case is referred certainly this may go against you, You are lucky as the forum of Labour Court is not available. My advise to go in proper forum, which is Civil Court in order to avoid other complecations. 

1 Like

Prashanth (Student)     05 March 2011

Dear Mr Tripathi ,

I request u to enlighten me on the reasons u think the case would go against me & also other complications that I might get involved due to this suit .

Kumar sanja (employee)     26 March 2013

Dear Prashanth,

 

you will even get the reinstatement , 6 month's is enogh

 

please call me @08374988640

 

condition that you are terminated using month's pay in liu of notice is unreasonable and was stuck down by the apex court

is also void to the extent of section 47 of the ap shops and esttt act,

 

parliament has in its consideration the  UNFAIR (PROCEDURAL & SUBSTANTIVE)
TERMS IN CONTRACT 

 

regards,

ravi

jain0303   19 February 2019

Hi Prashant,

I have also the same case, I was a manager in a company was dismissed from the job. I had applied to the labour officer, can you share your case no so that I can refer your case,

 

thank you

Aniket Jain

aniket305@gmail.com


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