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Suhas Vasudeo Kshirsagar   08 October 2017

Remedy over illegal termination

Dear Sir, The timeline of my problems is as follows 1) 10/2/2008 - I joined a new and under erection establishment as a maint.manager after getting appointment letter as a CTC employee. 2) 4/2/2016 - Fell into a 11' rcc trench while on duty &in factory premises.The owner immediately provided medical aid,and paid only bills while I was hospitalized.No salary for the bedridden period was paid. 2) 17/6/2016 - Resumrd duties after getting fitness cert. 3) Received two warning letters for misbehaviour as I requested employer to pay the bedridden period salary ¬ to deduct TDS,as per C.A.s advice, till I get the deductable salary./ Requested frequently in writting to provide safety guards to avoid the accident which I suffered,even after that the owner has not provided safety guards. 4) 5/4/2017 - Owner asked me orally to stay at home till he calls me back. I sent leave applications through e mails. 5) 7/06/2017 - After not getting call, & saalary for two months I directly went to resume duties.The directors of the establishment denied to enter me, and closed the main gate by the security guards. Immediately I lodged complaint to local police station, sent a legal notice to owners. 6)13/6/2017 - I lodged complaint to Director ,Industrial safety & Health , Nagpur,to take action over the employer for terminating me orally for arranging safeguards. 6) 13/7/2017 - After waiting for a months period I approached Distt. Govt.Labour officer. He conducted four meetings with employer.The employer never attended a single meeting.The procedings were handed over to me and he asked to me to go labour /industrial court,on 1/9/2017. 7) 6/09/2017 - I am not in financial position to go labour/industrial court,hence I requested him to carry on leagal matter ( file a case to court etc.) through govt.machinery,and I given in writting an application to treat the case as mentioned in Industrial Disputes act 1947 Sec.2A. 8) 27/09/2017 - Distt.L.O. refused orally to work the case through govt.machinery,as he says that I.D.Act 1947 is not applicable to Textile industry. Bombay Ind.Relations act 1946 applies to Textile industry. This was conveyed orally to me. I once again requested in writting to him that ID sec 2 j defination says "industry means any industry" & not made any exceptions for textile industry OR ,accept my problem through any law that you know,& applicable to my problem.I am not a legal expert. The reply in writting is still awaiting. Please convey your suggestion whether I am correct? Also it is regretted to convy you that the government machinery is still corrupt and dull,rather than past years of introduction of present internet era. The BJP govt has launched a webportal for public grievances.I am sorry to state that the govt. machinery is still dull &corrupt.which never replies through internet.Takes minimum three months to reply. Regards, Suhas Kshirsagar


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