Termination without notice & showcause

If you have already lodged a complaint before the labour commissioner, then you have to wait for 45 days from the date of filing such complaint and thereafter you can file a case before the Tribunal u/s 2A of the Industrial Dispute Act. For that you can contact a lawyer with all documents like appointment letter, resingation/ termination, other communications, complaint before the labour commissioner etc. so that a proper complaint petition is drafted and filed. 

Dear Sir, it is very sad and heartening to see your note. But dont despair , while there is a clear case of isolating and casuality in your case but these things happen in industry, not due to the company per-se but due to few disgruntled boss that you have to put up with and again these are inevitable in this economy. There are opportunities outside and do keep an eye out for alternative jobs while you continue the fight. Good luck

IN your communications to MD did you mention that you were forced to resign?

Hope the reply of MD to you is also in writing, Is it?

Did you submit FormI and forms for payment of Gratuity, Sperannuation?

you can very well reply to ALC that you have not applied but employer on its accord has deposited it in Bank a/c1! As per the Act employer has to pay Gratuity even if NO application is made by employee.

Payment of Gartuity is not acceptance of termination.

Did the company pay Gratuity for contractual period also?

Engage a very able counsel specializing in labor/service matters.

Kumar Sir,

IN my communications to MD I did not mentioned that I was  forced to resign?

the reply of MD is by email.

I did not submitted Form I and forms for payment of Gratuity, Sperannuation.

I had requested and told ALC that I  have not applied but employer on its accord has deposited it in Bank a/c1 ,

The company did not paid Gratuity for contractual period. 

Regards

Bhattacharyya

ALC given me a date in the month of July -16, to hear separately. Earlier, the ALC written a letter to the company in Mar-2016, to give their comments, where they did not replied. On last week of June the HR head visited at ALC 's office and told them that they have serious grievance against me, then the ALC asked him to give it in writing. And the HR head will put the paper in writing on 12/7/16, as I was told by ALC

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You have posted that:

"I was working with a kolkata ased JV company since December 2007. From Dec2007 to Mar-2010 in contractual and Since Apr-2010 till 22/12/2015 as Permamanent employee "

Was there any gap betwen contractual period and  Permanent employment?

Were you asked to resign at the end of contractual period and then allowed to apply for permanent employment?

Let the company submit their reply and greivances in writing and substantiate it.

You may keep your record and defence ready.

You should have replied to MD that you were forced to resign.

However keep all rcord ready and preferably consult a very able counsel specializing in labor-serrvice matters.

Kumar Saheb, 

I was not asked to resign at the end of contractual period and it was acontinuous service when I absorbed as permanent employmee

I have all the papers with me. Only fact is I did not mentioned the MD that I was forcibly asked to put my resignation.

Is the conciliation proceeding is going on in the New Secretariate Buildings, Kolkata? If your company is situated in Kolkata, then you can file the case before the 7th Industrial Tribunal in the same building. 

Riteshji,

It is in Kolkata. and I have applied before the LC. But the file is still in Misc mode, the ALC asked the Company to reply in writing for the dispute I raised. on 12th they probably will come again. Actually they are cleaning time.

1. If you were engaged on contractual appointment and absorbed in permanent employment then employer should have paid Gratuity for the entire period from DOJ -LWD as per termination order.

2.  If you can establish that you were asked/forced to resign and since you were not obliging and hence terminated, it gives another twist to case.

3. If you persist and are appearing as PIP then ALC may not allow a lawyer of employer to appear and HR person may appear. Likewise if the matter lands up in case of failure of concilliation, in Tribunal you can  appear as PIP and apply to bar presence of lawyer.

It is reiterated that you may preferably consult a very able counsel specializing in labor-serrvice matters.

Sir,

I checked with the calculation and found that they did not paid gratuity, for contractual period.

Secondly, they were insisting me to switch off my mobile at the time of discussion. And I also did not mentioned the fact putting pressure on me for the resignation and before and after the resignation they  wanted to mutually settle the case with one year CTC with me in lieu of my resignation to the MD while emailed him for his intervention.

 I do not have any concrete proof of those facts. Only FInance Manager. HR Head and me was on the room.

I am trying to consult with a good lawyer. In the meantime, what steps to be followed to go for the tribunal in case the conciliation failed.

Regards

Originally posted by : BHATTACHARYYA
	Sir, I checked with the calculation and found that they did not paid gratuity, for contractual period. Secondly, they were insisting me to switch off my mobile at the time of discussion. And I also did not mentioned the fact putting pressure on me for the resignation and before and after the resignation they  wanted to mutually settle the case with one year CTC with me in lieu of my resignation to the MD while emailed him for his intervention.  I do not have any concrete proof of those facts. Only FInance Manager. HR Head and me was on the room. I am trying to consult with a good lawyer. In the meantime, what steps to be followed to go for the tribunal in case the conciliation failed. Regards

Who is asking you to switch off your mobile and during which discussion?  

Please understand that you can challenge the termination only if you can prove that your resignation was obtained by force. You have to build your case very carefully. Since you have already lodged a complaint before the labour commissioner, the content of such complaint becomes very vital for proceeding further. 

As rightly pointed out earlier by Mr. Doab, you can claim service benefit for the entire period including contract period. 

However, all your documents need to be looked into before coming to a conclusion.

Regading the procedure of filing the case, you have to wait for at least 45 days from the date of filing the complaint before the labour commissioner. On expiry of such period of 45 days, you can directly file the case u/s 2A(2) before the Industrial Tribunal. In fact, I am attached to the same tribunal, so if you require any professional assitance, you can contact me directly.

Ther seems to be no artificial break after contractual period.

Even if there was it might be possible to handle.

You have posted that:

"they  wanted to mutually settle the case with one year CTC with me in lieu of my resignation'

Assuming that you are looking at higher/better compensation and Terms; then you may specify what was it?

Are you looking at Retrenchment Compensation? What is your expectation? Is it possible in your case?

Relate what you want and what is offered (if it is still in offing) and decide.

You have already challenged the termination order!

Mr. Ritesh has offered to help.

Yu can benefit from his help.

You may decide what exactly you are aiming and come back.

Dear Riteshji / and Kumar Sir,

Please find my answer in red  below :

Who is asking you to switch off your mobile and during which discussion?  

In both the days on 10th Dec,2015 during initial discussion & on 22nd Dec-2015, they day I was terminated , both HR Head & FInance Head forced me to switch off my mobile, so that I do not have any recordings of them. Still I manage to do the same where HR Head insisting me to put off my phone (duration is very  minimum).

Please understand that you can challenge the termination only if you can prove that your resignation was obtained by force.

I did not put my resignation, though they have forced me to do the same on 10th & 22nd Dec-2015. On 10th I left the office on the ground of my illness, but on 22nd they pressurise me to put my resignation. Even they just trying to entyce me with one year CTC in lieu of resignation. But later I found that that was their trick, as they were prepared in every respect with the termination letter and the F&F Cheque. Had they been thought for the alternatives, they would have show me the SECOND Cheque. Actually it was their trap.  Only what I did after the termination, I mailed to my office colleagues globally  what was happened in side the closed door (e.g offering 1 year CTC in lieu of my Resignation, Pressurising me to put my resignation etc.)

As rightly pointed out earlier by Mr. Doab, you can claim service benefit for the entire period including contract period. 

I checked and found that they have calculated gratuity payment only since I am a permanent employee with  them. They did not considered the contractual period.

However, all your documents need to be looked into before coming to a conclusion.

I have no problem, Please have your contact no. so that I can get in touch with you.

There seems to be no artificial break after contractual period. Even if there was it might be possible to handle. You have posted that:

"they  wanted to mutually settle the case with one year CTC with me in lieu of my resignation'

Assuming that you are looking at higher/better compensation and Terms; then you may specify what was it?

As it is a US Joint Venture company, hence the US management do not want to go for any type of 'Termination' . But the Indian management headed by this HR Head, with a LLB degree seems to be very smart and made them understant that he can handle the situation.

That's why they offered me, but originally that was a  trap, One if I had put my resignation, then I would have lost totally.

Are you looking at Retrenchment Compensation? What is your expectation? Is it possible in your case?

I want simply re instatement with back wages. I know that they will not. In such a case I want a legitimate negotiation for my last 15 years service. I was never entrusted with any kind of Cash dealing, Bank transaction, Business Development, CUstomer Handeling, still they have published in such way in local news paper as if I did al those things on behalf of the company. It has hampered my career, my face and defamed me.