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Guest (n/a)     29 August 2009

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. 


 14 Replies

Suresh C Mishra (advocate)     31 August 2009

 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 

Ashish Ovalekar (Manager Legal & Compliance)     03 September 2009

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)
1 Like

Tapan Amoria (Manager H.R.)     04 September 2009

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' ?

Ashish Ovalekar (Manager Legal & Compliance)     04 September 2009

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)

Rasheedahmad (aa)     22 March 2010

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



ranjan (software engineer)     25 March 2010

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.






Kumar Doab (FIN)     04 April 2010

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


Rasheedahmad (aa)     16 April 2010

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



Sarjooram Sharma (Assistant Labour commissioner)     16 April 2010

The redressal is availabe under Industrial Disputes Act 1947. You can file a case of industrial dispute before conciliation officer/Assistant Labour Commissioner

Ragu Nathan (Executive)     20 April 2010

Dear Sirs,

First I would like to thank all of you to help us in suggesting laws,rules & acts to fight for our justice.

Im in chennai currently working in USA shift (6.30pm to 3.30am), its a BPO for a shipping company which is located in chennai. Regional office is located at Dubai. They are operating this BPO office in the name of Software company but no software process is done & its a BPO for their overseas shipping offices.

Numerous rude behaviour & unlawful treatment to employees is going on in this company & they are experts in throwing out employees on the sameday they decide (employees not allowed to turn on their computer & they called into the cabin & sent out), some staffs got their settlement at the moment & for ladies they just terminate & pay only upto to the date they worked with... Currently my colleague has been treated this way...Just today it happened... Please advise the best possible way to get justice for her.

Thanks & Best Regards,


Ragu Nathan (Executive)     20 April 2010

Dear Aashish sir,

As per your above statement an employee can't calim if he is terminated for Misconduct/ Indiscipline, where employee is terminated for Misconduct/ indiscipline.

But employers will always submit one of the above reason to escape from the Law, even for innocent employees the employer may complain that the employee is indiscipline,misconduct,attitude problem etc.,

How the law can identify that the employer is wrong in case if the employer is lying? Pls advise its happening everywhere.

Thanks & Best Regards,


ranjan (software engineer)     20 April 2010

Mr. Ragu J

        Lot more information is required to give proper legal guidance to your query. If you want to know your legal position you can call me on my mobile 09945861013 after 8. p.m

Kumar Doab (FIN)     21 April 2010

Has this employer ever issued any written communication to any of the employee for his/her misconduct/indiscipline, conducted an enquiry, charged the employee and issued a termination letter citing misconduct/indiscipline.

So many employees have faced harrassment, and so many are not paid their dues,

you can pool and be help to each other.

Compile all of your documents, consult your lawyer.

Ragu Nathan (Executive)     22 April 2010

I asked my colleague to visit Labourt court here in chennai & im going along. Moreover she tried to contact the Vice president for our BPO who is sitting there in Dubai regional office but he is simply avoiding her call & messages.

Will update the outcome of our visit to Labourt court. Many thanks to everyone for your support & guidance...


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