Civil Procedure Code (CPC)

rights of an emploee if he is thrown out


let me tell me in brief, i wanted to know that if an emploee is thrown out of the company without any reson, so what r his rights and were should he go for it .r there any time sloguth that the emploee has to work and if he is made work for long hours to work without getting paid for it what can one do for it. please help me and my friends. 


 dear sir No company can terminate you without showing any reasons if you have worked for more than one year of continuous sevice the company have to comply withthe madatory requirement under section 25 F of ID Act and apart fom it it has to comply the Principles of Natural justice , I am agreed with Mr Soni that you have to filed a case against the termiantion of service and also if taken work for the more than the hours fixed youhave file complaint . If you need please writ  you witl be given draft of applicaton after submision of facts 


Manager Legal & Compliance

Dear Hemant,

I would suggest that you approach the Commissioner of Labour in your area and file cases against your employer under following headings:

  1. Under Payment of Wages Act, for non payment of wages.
  2. Under Payment of Wages Act, for non payment of overtime wages.
  3. Under Shops and Establishment Act, for making you work in excess of the prescribed timelines.
  4. Under the Minimum Wages Act, if you are paid less than the minimum wages prescribed by the Government.
  5. Under the Industrial disputes Act, for termination of services, without following the due process of law. (claim for reinstatement with full backwages and continuity of service and conseqencial benefits) or
  6. Under the shops and establishment Act, for terminating your services without paying the statutory Notice pay.(claim for reinstatement, on the grounds that termination is bad in law)

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Manager H.R.

Dear Mr. Ashish Ovalekar

Is it possible for Hemant to approach the Labour commissioner if he is working in the capacity of 'Excuitve' or 'Manager' ?

Manager Legal & Compliance

Dear Mr. Tapan,

A employee is not governed by the designation he has but by the nature of work he does.

For giving you a example one of the High Courts have held that even the Branch Manager of a Bank is a workman. Surprised? But its true.

Secondly, a employee, who is in the Managerial Cadre, can approach or file a case under the provisions of the Shops and Establishment act, if he has been terminated without following the due process of law, i.e. without payment of Notcie Pay. (Not applicable in cases of Misconduct/ Indiscipline, where employee is terminated for Misconduct/ indiscipline)


Dear Sir

I am physically handicapped person. I was working as Branch Manager in Stock Broking Company  from Oct 05. In Nov 2008 our previous Regional Head resigned and new Regional Head came in his place. There were two clientele issues in our branch. The same matter i took it with Regional Head to resolve it. In Jan 2009 my senior started pressurising me to resign from the job. Due to continueos pressure i resigned from job on 02 Feb 09 with One month notice.  I been relieved on 02.Mar 09. But i have not recieved salary of Feb 09 for which i have worked fo full month.

As per offer letter i am eligible for incentive of 5 % of the Branch Profits. Company has not given me the incentives also. In this regard i have communicated with Regional office over mail  i did not get any reply from them. I also sent 3 letters to Chairman of the company, regret i did not get any response from them also.

I am jobless from last one year and struggling to take care of livelihood of myself and my family.

Kindly suggest me as to how should i go about it.

Can i ask for the re-employment with the company.

Kindly guide me



software engineer

Dear Mr. Ashish Ovalekar

       It is quiet surprising that Bank Manager was held as a workman in high court. Can you please give me citation or url link where i can see this full judgement.







Dear Mr. Ashish,

Kindly provide the judgment of the High Court holding the Branch Manager of a Bank is a workman, or provide the link. This will help many.

Thanks and Regards



Dear Ashis Sir

Request you to kindly provide the details of case where in High Courts have held that even the Branch Manager of a Bank is a workman. This will help me to take up the matter to Labour commissioner in my case.

pls help me






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