I was a permanent employee of a private company and worked there for more than 5 years.Recently, I have been dismissed or discharged from my duty with false allegation. The charges that were made against me are not clear and I am not even given any clarification about the allegation. For e.g. one allegation was that unauthorized absence but the company has failed to tell the dates of the absence.I was not even told who raised the grievance against me. More on that I was sacked at a time when I raised grievances. I think I was ill treated and just to avoid my grievances I was dismissed from the job. My question is what legal option I have ? If I sue the company can I force the company to take me back until the case is resolved ? If the case is run too long then financially I will not be able to continue the proceedings.
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What is your designation in the company .
2) were you in supervisory or managerial position .
3) if you do no fall in category of workmen you cannot claim reinstatement
4) you would only be entitled to compensation for termination as per terms of your appointment letter
Hello,
1) First of all it is not a lay off but apparently from description a termination from services by the employer for reasons that he may have provided. As a matter of fact although you are termed as a permanent employee, there is no permanency as such in the Private Limited companies.
2) As you rightly observed you were terminated from services when you raised grievances. The truth is that as long as you enjoy the pleasure of your employer you continue in service. As you will not fall in the category of a labourer, you can not approach the labour commission or the labour court for redressal of your grievances and a possible reinstatement.
3) What you can do is to issue a legal notice to the company seeking compensation for the sudden termination from services without specific reasons and if the company fails to meet the demands you can approach a court seeking recovery and compensation. You will not succeed in forcing the company to reinstate you in services. It is very hard to say how long the case may linger in the court. It can take years.
If your dismissal from service is in disregard of your employment agreement and is illegal on the ground of not being sustainable in accordance with you Agreement, take you chance to challenge the same in court and seek damages.
However, before instituting a case, it is advisable that you send a Legal Notice to the co. in the present matter and get the matter addressed by them.
1. If you have been terminated by your company without following disciplinary proceeding and with out conducting enquiry after issuing charge sheet to you, then you can lodge a complaint before the local Labour commissioner against your said illegal termination.
2. The labour court, after hearing both the parties can direct the employer reinstate you or compensate you accordingly.
3. If you get any adverse order from the labour court, you can approach the High court seeking justice.
4. Litigation in our country is time consuming and also expensive for which you should be well prepared from the beginning.
The procedure of filing complaint, for your specific facts please refer a labour lawyer.
1) Send a demand notice to your employer, either personally or through the Union you are member of.
2) give 15 days time.
3) If matter does not ssttle, the file a complaint before labour cum conciliation officer of the area where you worked. The officer will act as a arbitrator for amicable settlement of the dispute.
4) Still not satisfied, Labour concilliation officer will end you to the State labour commissioner. The commissioner may refer your case to labour tribunal depending upon your case.
These are the basic steps. Choose your proceeding wisely and it is always advisable to hire a lawyer.
1. Well,the grounds of termination and its consequences is to be governed by the job contract if executed byween you and the employer.
2. If your termination as it appears is not as per terms of the job contract then you can challenge the in court of law.
3.If your job profile was not managerial or decisison making then you can redress your grievances in the labour court .
4. Otherwise you can explore your legal rights in civil court.
5.Since civil suit is both time consuming and not so cost effective I may advise you to join in a new employment after taking all your dues from the company.
Yes you can file the case against the company for illegal termination of employment.
Hello sir , you can file a civil suit for damages and can also approach labour forum for your re-enstanment and to Claim compensation
You can file a writ petition before high court seeking the relief and remedy of reinstatement.
The labor commissioner will conduct the inquiry and if the company do not cooperate then he may refer the matter to the labor court where is may take years to get disposed.
Hence consult a local lawyer practicing labor/service laws and proceed as per his advise and suggestions
Hello,
If you file a suit then it will be a long drawn process.
What was the termination clause in the employment agreement?
Regards
Yes you can approach the labour court for the same and file suit against them for unlawful termination and unfair labour practice. You can claim compensation also for the same
