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Ramesh Naik   20 November 2025

Labour law on dismissal of employment

A employee is  covered under shops and establishment act was kept under suspension for more than seven years and enquiy report was submitted beyond 180 days and Enquiry was conducted under Karnataka education act and gemployee was terminated just 2 days before reaching 60 years age without giving mandatory one month notice.also the employer a public trust has not registered  service rules with labour department under shops and establishment act Karnataka since last 65 years .the employee gave a representation to the management to settle all his dues and that his suspension and dismissal were illegal.the management is not responding.what action can be taken by employee.



 6 Replies

SHIVKUMAR AGNIHOTRI, ADVOCATE, (Advocate )     20 November 2025

1.   The suspension of a employee for continuous seven year is illegal and excessive. File a written complaint with labour commissioner citing all illegal action of concerned department and demand full back wages. Lateron you may contact a prudent lawyer to file a suit in labour court.

T. Kalaiselvan, Advocate (Advocate)     20 November 2025

Yes, he can approach Deputy Labor commissioner with a petition under section 15, 39 and 48nof Karnataka Shops and Esatablishment Act seeking the following remedies:

  1. To declare suspension and termination as illegal;
  2.  Seek reinstatement with full back wages;
  3.  For compensation uin lieu of reinstatement;
  4.  Seek gratuity, earned wages, leave encashment, bonus and all statutory dues to him from the company side;
  5.  Seek penalties against the company for non registration of service rules and violation of of KSEA.  

A complaint under Karnataka Shops and Establishment act would provide a faster remedy than ciivl courts.

Alternately, if the employee qualifies as a 'workman' he can raise a dispute before labor court under Industrial Dispute act, 1947, vent out all his grievances as enumerated in the above post and seek remedies accordingly as stated above. 

 

Since the employer is a public trust, a writ petition seeking the said remedies before the high court is also an option that is recommended here. 

Ramesh Naik   20 November 2025

Thanks 👍 

Dr. J C Vashista (Advocate )     21 November 2025

An employee Stated to have been working under Karnataka Eduction Act and stated to have been suspended / termination under Karnataka Shops and Establishment Act  is an unbelievable statement.

The suspension of an employee under the Karnataka Education Act, 1983, is governed by rules like the Karnataka Educational Institutions (Recruitment and Terms and Conditions of Service of Employees in Aided Colleges and Teachers Training Institutes) Rules, 2001, which state that an employee can be suspended, and that an order of suspension remains in force until modified or revoked by the competent authority.
 
Provisions of Karnataka Shops and Establishment Act, 1961 are inapplicable in instant case.
 
Howeer, what is your problem / dispute and locus standi qua the facts posted in this case ?? 

Ramesh Naik   21 November 2025

No sir it is vice versa..employee was appointed as trust employee under shops n establishment act.latet he was transferred to education institution .there is no provision in trust deed for transfer n no consent of employee was taken.also since last 75 years trust has not registered under shops and establishment act and not notified service rules 

Dr. J C Vashista (Advocate )     22 November 2025

It would be appropriate to show relevant records to a local prudent lawyer for analyses of the facts/ documents and professional advise.


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