Termination without notice & showcause

Kumar Doab (FIN) 28 June 2016

" 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. "

Have you been rejected by any other employer due to termination and newspaper publication?

Do you have any evidence?

If yes you may succeed to claim damages.

You need to engage a very able counsel, have a considered opinion.

binay (advocate) 02 July 2016

This is the procedure of court. Court has to give an opportunity to the opposite parties to file their show cause reply , if they don't appear then court may proceed further and pass an exparty order

binay (advocate) 02 July 2016

This is the procedure of court. Court has to give an opportunity to the opposite parties to file their show cause reply , if they don't appear then court may proceed further and pass an exparty order

BHATTACHARYYA 12 July 2016

Sir,

In continuation to the above, the ILC called both me and management separately. The management replied in writing that I am not under the category of 'workman' as per ID Act., hence the dispute raised by me not under Labour COmmissioner's jurisdiction. They also referred to Supreme COurt ruling that it is the onus of me to prove my self that I am a workman, thereafter they will give the explanation to ILC.

Thirdly my role was in the organisation as Sr.Executive Accounts - (Clarical). Reporting structure as follows : MD -> Finance Manager- > Accounts Manager -> Sr.Executive Accounts (Me)- Grade E-3.

Grade E4 above Ast.Manager and E5-E6 onwards ---- Higher designated post.

BElow E3 - E2 (Executive), E1, E0 (Office Attendent).

Please advise

Kumar Doab (FIN) 12 July 2016

If the concilliation fails the matters shall be referred for tribunal.

The tribunal shall assess nature of your duties.

You don't seem to be inclined to engage an able labor Law Consultant.

You should better engage.

Even if you decide to appear in person, keep an able labor Law Consultant to consult.

If this suits you and you decide to appear in person, then move application u/s 36 of ID Act and ask the tribunal to pass order so that management is not allowed to be represented by a lawyer.