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Susanta Chakraborty ( )     28 February 2011

Need Advice for Discontinuation of job

I need advice on the matter below":

Due to misbehavior of MD of the EG Pvt Ltd.(A infrastructure company), Mr D has resigned but company didn't accept the resignation and said to continue, but 15 days later he has been dismissed/discontinued from the job in dec'10 without giving him one month notice as per law as he holds a senior post.

His salary was pending at that time and told to be cleared by first week of Jan. but till date (28/02/2011) it is not cleared. Mr D is holding a signed cheque of a current account in his favour. He has signed some documents while appointing (including one page where finger print impression had taken on a formatted sheet). He doesn't have any appointment letter but only have offer letter with him.

what should he has do to?  should he go to labour court? what types of precaution he has to take?

How he can fight with this illegal happenings?

That company has this kind of previous records and Mr D wants to treat them not doing these again with any employee.

NB. the company did not pay its labour supplier, some stores where material has been purchased.



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 5 Replies

Kirti Kar Tripathi (lawyer)     05 March 2011

Unless resignation is not accepted, it does not taks effect. In the present case, the services of employee were terminated and his dues were not paid. Thus the employee has a right to challenge his termination and claim his dues.  But remedy under labour law are available to him or not will depend on nature of job empoyee performed. if he is workman under the I.D.Act, he has remady under the Act otherwise, he has to file Civil suit.

2 Like

Susanta Chakraborty ( )     05 March 2011

Hi,

Thanks for your reply.

Now, The person I am talking about was holding hr-admin manager post. but on 6months probetional period. Every thing said earlire was on verbal basis. I mean there were nothing documented. In this case what you suggest? Time after time has been given to him to release his payment. can you give me idea on I.D.Act, so I can enhance my knowledge (as I am a layman and willing to help him and punish such a rubish co) and negotiate in between.

Please do reply soon.

Kirti Kar Tripathi (lawyer)     09 March 2011

so he can go to civil court and claim damages and compensation. reinstatement is not possible as civil court can not order for enforcement of contract of personal services. since he was holding post of sr. manager,  the remedy under industrial disputes act will not be available to him. however, you can ask, his nature of job and thereafter, this question can be answered properly.

Susanta Chakraborty ( )     09 March 2011

Thanks again for your reply.

His salary was 18k pm along with perks like free accomodation and food and tel allowances.

His duties were admin cum logistic support. also hr related jobs like payroll, also handled labour disputes(stricks for non payment of wages / demand for increase of wages). Rules for min wages ratio for Haryana maintained.

Now my questions to the experts isn't this should be treated under ID Act? Can't go to the Labour Office? It might favour him due to good relation with main company(who holds the right to construct the road). who has clash with his principal employee.

1 Like

Sarvesh Kumar Sharma Advocate (Advocacy)     22 April 2011

yes,

he can go to civil court and claim damages and compensation!


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