Gajender Singh (ca) 04 October 2012

Am i eligible for compensation or any other relief?

Dear Sirs,

I was working in ABC Company on rolls of XYZ Company (Third Party Rolls). It was a fixed term contract. The contract was terminated by XYZ on instructions of ABC with immediate effect and paid notice period salary also.

The actual reason was that while returning from an official getogether on company's car i had scuffle with driver. I was beaten up with sticks by the driver and had multiple simple injuries. During MLR it was found that driver was also under the influence of alcohol. To save its reputation (driver being drunk and beaten up the staff), the company instructed the XYZ company to terminate the contract. An internal mail was circulated by the company to all employees not disclosing the identity of the staff that such and such incident has happened and all the blame was put on staff for starting the scuffle under the heavy influence of alcohol.

Instead of helping me to overcome the injuries and trauma the company terminated my contract.

Is there any remedy or the company has the right to do so?

Thanks in Advance.

Reply Follow

4 Replies

Sudhir Kumar, Advocate (Advocate) 04 October 2012

Any FIR against the Driver?

As per notmal principles the master is not responsible for the loss caused by the servant while exceeding his duty. In this case they have owned up the crime of the driver and are liable. You can file compensation case against the driver and his employer.

As far as your employer is concerned you can raise labour dispute for sacking without inquiry.

But it is unlikely that drivers beat staff members while returning from party. What did you do to provoke him?

Gajender Singh (ca) 10 October 2012

Sir,

1. Cant i raise labour dispute on principal employer? It was principal employer who asked my employer to terminate my contract. My employer sacked me under one of the clause which says the job being temporary in nature the contract can be terminated anytime without any cause.

2. The compensation also cant i claim to principal employer as attending the getogether was my official duty and i was provided a car with driver to pick and drop from my home to attend the getogether.

We both were working for Principal Company A. I was on rolls of company B(Manpower Contractor) and driver was on rolls of Company C(Taxi Contractor)

Thanks.