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Am I Eligible To File My Case In Labour Court?

Discuss anything relating to Consumer Law

Am I Eligible To File My Case In Labour Court?

Postby Sewald » Thu Dec 01, 2016 11:07 am

I was appointed in a company(Incorporated under The Companies Act, 1956(No. 1 of 1956) from Registrar of Companies,Punjab) as a Depot Incharge in September 2009.in December 2011 i was posted as a Depot Incharge in Bareilly depot of company. last year in September 2012 company demoted me and i was transferred to Kanpur depot from Bareilly. i joined at Kanpur depot but after joining they called me back to head office and then send back me home.now they are not giving me any posting at any depot. i called in head office and they said you are not an employee of the company. they didn't given me any notice of termination. i have my pending salary and provident fund on the company. the company is threatening me also. can i file a case in labour court? please give advice sir and please tell me the sections and acts also to file the case.

I will be very thankful to you sir.

ANSWER: The services of a permanent employee cannot be abruptly terminated without first giving him an opportunity to defend.The Management has to hold a formal inquiry prior to terminate the services of such an employee.Moreover, demoting an employee is also a kind of major punishment.They cannot also do it, unless you have been found guilty in a departmental proceedings.They have also no right to withhold your salaries.You should  serve a very strong legal notice threatening to take suitable legal actions against them,if you are not reinstated immediately with full back wages.However, it is fully within the discretion of the employer to change shift in duties as well as place of posting.

Please take above actions in consultation with a lawyer.Apparently you have a very very strong case in the matter.Meanwhile,please also make a written complaint to the Labour Secy. of your state with a copy to the C.M. You may also make a complaint to the Human Rights Commission.

---------- FOLLOW-UP ----------

Can i file my case in District Labour Court along with your suggestions.
Sewald
 
Posts: 36
Joined: Sun Feb 23, 2014 8:18 pm

Am I Eligible To File My Case In Labour Court?

Postby Curran » Sun Dec 04, 2016 3:20 am

I was appointed in a company(Incorporated under The Companies Act, 1956(No. 1 of 1956) from Registrar of Companies,Punjab) as a Depot Incharge in September 2009.in December 2011 i was posted as a Depot Incharge in Bareilly depot of company. last year in September 2012 company demoted me and i was transferred to Kanpur depot from Bareilly. i joined at Kanpur depot but after joining they called me back to head office and then send back me home.now they are not giving me any posting at any depot. i called in head office and they said you are not an employee of the company. they didn't given me any notice of termination. i have my pending salary and provident fund on the company. the company is threatening me also. can i file a case in labour court? please give advice sir and please tell me the sections and acts also to file the case.

I will be very thankful to you sir.

ANSWER: The services of a permanent employee cannot be abruptly terminated without first giving him an opportunity to defend.The Management has to hold a formal inquiry prior to terminate the services of such an employee.Moreover, demoting an employee is also a kind of major punishment.They cannot also do it, unless you have been found guilty in a departmental proceedings.They have also no right to withhold your salaries.You should  serve a very strong legal notice threatening to take suitable legal actions against them,if you are not reinstated immediately with full back wages.However, it is fully within the discretion of the employer to change shift in duties as well as place of posting.

Please take above actions in consultation with a lawyer.Apparently you have a very very strong case in the matter.Meanwhile,please also make a written complaint to the Labour Secy. of your state with a copy to the C.M. You may also make a complaint to the Human Rights Commission.

---------- FOLLOW-UP ----------

Can i file my case in District Labour Court along with your suggestions.
Curran
 
Posts: 46
Joined: Wed Jan 15, 2014 7:20 pm

Am I Eligible To File My Case In Labour Court?

Postby Einhard » Wed Dec 07, 2016 11:20 pm

Please file a writ before the High Court since it is a violation of fundamental right.That will be more economical and faster.For such type of cases,decision takes place quickly.If you file it before the lower court, then employer will again file appeal before the higher court and the process will continue for a long time.Moreover,High Court's decision will carry more weightage.

Please take all action in consultation with a lawyer.
Einhard
 
Posts: 41
Joined: Sun Jan 12, 2014 5:32 pm


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