LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Kishore99   20 February 2021

Illegal termination of employment

My father has been working for 20 years in steel executives association and was illegally fired on 27-10-2020.Now if we send a stay order from the court to steel executives association,can my father continue his job as earlier?


Learning

 8 Replies

Ritesh Maity (Labour Law Advocate)     20 February 2021

Since the conciliation has failed, you can now file a case before the Labour Court.

Kishore99   20 February 2021

Can we send stay order to steel executive association and continue my father job??

Ritesh Maity (Labour Law Advocate)     21 February 2021

Since your service has been terminated, you have raised dispute before the Conciliation officer. The conciliation officer failed to settle the issue amicably. Hence, you can challenge the order of termination before the Labour Court. 

At this stage there is no scope of fling stay order. High Court, and not labour court, has power to grant stay order and to get stay order you have to approach the High Court. In my opinion High Court will NOT interfere in this case and even ask you to approach labour court.

My suggestion is to file the case before appropriate labour court.

Kishore99   21 February 2021

If we won the case in labour court then they will approach high court and file a writ petition..they are using association money to deal with my father but we cannot bear that much of money sir.they are doing commercial business without having any registration of shops and establishments act but they employed only my father from 20 years as a security ..there is no proper timings,minimum wages,esi and pf since my father is the only 1 watchman for that sea bhavan society..I wanted to know,what are the benifits shall my father will get for his 20 years of service sir..?

Ritesh Maity (Labour Law Advocate)     21 February 2021

Law does not work on emotions. Big companies have money and manpower to drag a litigant till Supreme Court and there is technically no 'illegality' in doing so. This is the unfortunate truth. 

Whether the company is registered under Shops & Establishment Act is also immaterial in your case of termination. 

If the company is really coverable under the ESI, PF and Minimum Wages, then you may lodge a complaint  before their respective authorities so that you can pressurize the company. Again this has nothing to do with your termination case.

You may get any due salary, leave encashment, gratuity, retrenchment compensation etc. 

Kishore99   21 February 2021

Finally what is the position of my father case sir,now what we have to do..the sea association is registered as a welfare society and my father is the only security for that association.now after 20 years of service,they terminated my father job illegally..now where we have to go ? We asked re-employement of my father in front of labour commissioner..they are not agree with re-employement and compensation pay ..now where we have to go for proper justice sir? We need to approach Hight court or labour court??

Ritesh Maity (Labour Law Advocate)     21 February 2021

You need to approach the Labour Court. Before that you need to consult a labour law advocate with all necessary documents. Only after seeing all documents, he can tell you about the merit of your case.

Kishore99   21 February 2021

Thank u for spending your valuable time with me sir..I will meet local labour advocate as per your guidance..thanks a lot sir..


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query