Labor and industrial law

Dear Rashmi,

No one can prevent the workman from taking recourse available to him in law. From the facts given by yu, I am not in a position to understand in what proceedings you have given his old adress. What ever it is, from the given facts, I am sure that even if he succeeds before the labour court, he would not be entitled to any backwages. If he is otherwise o.K, my advice would be to negotiate and take back him without payment of backwages.

Regards

Manish

Respected yogi sir,

Thank you for your advice.

the case is as follows.

The employee had applied for educational leave in august 2006  and got ten days leave sanctioned for the same.he has also applied the GREVANCE form to the Director of the company.

later, he went to college and started sending extension letters  by registered post for educational leave quoting his balance leave in his credit.

he had furnished us his college admission letter and address also.

but, as his dept. head was not happy, he sent memo to Personnel dept to teach the employee a lesson.

our manager decided to terminate him.hence, we sent letters to his  old address given at the time of appointment.these were given back by postal dept. as ""party not available"",

later, we published in newspaper enquiry notice.conducted it in absentia and terminated him in february 2007.

the employee came after is examinations in june 2007 and requested for duty permission.we refused.

he requested for the papers and we did""nt give to him as per orders of our I R manager.

he is continuing sending letters for permission to duty and we sent his gratuity to ALC office.

Now, there is a meeting at ALC office in this month end.

Do the ALC has the powers of reinstating the employee.?

 how can we avoid the same.

pls advice

thanks and regards in advance

rashmi  

I think that the ALC has powers to decide the issue. However, you can sustain the termination order provided that the same is done as per your rules.

As per ID act ALC has no power to issue order for reinstating the employee,  he can hold the conciliation producing only. After that he will send his report to the Govt and Govt. can refer to the Labour Court. Labour Court can give the direction for reinstating the employee after hearing the arguments and evidences.

 

 

Second, since you send the communication on his old address while you are having information about change of address, it violated the principle of natural justice, so that you are not in position to proof your domestic enquiry valid.

 

So it better to negotiate and settle the case in the office of ALC by tri-party settlement under I D Act.

 

Regards

The employee has raised a greviance form in the company.can he go to high courton it

[font=""Times New Roman""]Not directly, first he will go for cancellation then labour court then he can appeal in high court.[/font]

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[font=""Times New Roman""]regards[/font]

One cannot go directly to the High Court. The High Court is not the fact finding authority. It can only sit over the order passed by the apporpriate authority by exercising jurisdiction under Article 226 of the Constitution.

[font=""Times New Roman""]Not directly. First step is he will go for conciliation proceeding with Labour Office if it declared failure then govt will referred to Labour Court under ID Act, then after he can appeal in high court for review of award given by Labour Court. [/font]

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[font=""Times New Roman""]regards[/font]

 

the employee is preparing for ALC that because he raised the greivance issue, he was forced to withdraw, as he stood stubborn he has been purposefully cornered and dismissed.this we came to know from one of his close union aide people.can this stand as a valuable point.