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Kahnu Charan Senapati (Junior Assistant -cum-DEO)     25 December 2013

Compensation after repeated engagement and disengagement

Sir

        I want know, if there is  any provision in Industrial Law to ask for compensation after resignation in protest following  repeated engagement and disengagement without any reason and without any notice even breaching a binding contract. That, I was employed as a contractual employee in a project in an industrial establishment. Five and a half years later I was disengaged citing closure of the project but without any notice. After one and a half months I was reinstated as such but in another establishment under the administrative control of the main office. But, two and half years later I was again disengaged and reengaged in another establishment as before without any notice even breaching a binding contract. I resigned in protest and did not accept the reengagement offer and asked for compensation. But the employer is taking the plea of my resignation and denying any compensation. Under this circumstances, can I refer to any section of industrial act or any other act to seek compensation.

Kindly reply.



Learning

 2 Replies

Kumar Doab (FIN)     25 December 2013

Other threads initiated by you are at:

 

https://www.lawyersclubindia.com/experts/Declaring-an-employee-as-a-workman-and-proving-an-establishment-to-be-Industrial-435091.asp#.UrrBvtIW1MA

 

https://www.lawyersclubindia.com/experts/Provision-of-allowances-like-HRA-DA-after-reemployment-admitted-at-the-time-of-Retrenchment--440576.asp#.UrrCPNIW1MA

 

https://www.lawyersclubindia.com/forum/Provision-of-da-after-reemployment-93802.asp#.UrrCmNIW1MA

 

https://www.lawyersclubindia.com/forum/Entitlement-for-compensation-93923.asp#.UrrCx9IW1MA

 

https://www.lawyersclubindia.com/forum/Applicability-of-da-while-calculating-gratuity-93927.asp#.UrrC_NIW1MA

 

 

It is surprising that why you are not able to get a resolution and remedy till date.

 

The employer is of course expected to take a stand as posted by you that ‘employee resigned by resignation’.

 

You should approach a local lawyer specializing in labor/service matters along with copies of all documents on record and give inputs in person.

 

The lawyer that has seen all of your documents and has analyzed your inputs can advice you the best.

 

Such matters require in depth study and analysis and good home work and preparation.

 

 

 

 

 

 

 

 

 

Sudhir Kumar, Advocate (Advocate)     31 December 2013

well elaborated by Mr Kumar Doab


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