Termination

At present one of my relatives is working as  Manager in one telecom MNC at its 1^st factory at Kolkata, West Bengal. Co has set up its 2^nd factory at Chennai in the year 2007and want to close down Kolkata facility as a part restructuring process.

 In the month of  May 2012 co. declared VSS ( voluntary separation scheme) for 45 days nos of years served as compensation with a closing dated 31^st May’12 and managers were asked verbally not to apply for VSS now. They will be taken care off later on. The average age of employees are around 40 years and they are working in the current facility for 15 to 20 years.

 Out of 75 personnel, only 9 have opted for VSS and rest have approached West Bengal Govt. to safeguard their jobs. Govt. have taken up the issue with the Co. as well as with the lease hold owner of the land. One section of employees have filed case with the labour dept for some others issues. There are some news which brings hope in the mind of existing employees.

 Now my relative is anticipating that co. may force him to terminate with 22 days compensation only.

 But my relative wants 45 days compensations as VSS was declared for all i.e including managers. Can he approach labour court for justice? Seek your advice.