Unlawful termination for raising voice against harassments
I am working in multinational insurance company since June 2008. In this MNC one nationalised bank has 30% and another nationalised bank has 5% stake. As per govt limitation the american parent company has 26% stake in this insurance company. I have raised a voice against Retaliation, Harassment, Unlawful Discrimination and Unfair Employment Practices through Representation to the Middle Management and MD/CEO of the Company subsequently. MD appointed a Committee for the investigation of my grievances. I had meeting with HR people once. They kept me communicated for having patience as investigation in taking longer time and they will convey the outcome of the enquiry as and when it gets completed. HR called me for convey the outcome on 1st May 2015 and informed me for my termination with immediate effect. I approached to MD/CEO for intervention but no solution.
Please tell me the remedies available.
Can I file a writ against MNC for my reinstatement?
Can I sue American Parent company?
Thanks & Regards
Asked 3 years ago in Labour from New Delhi, Delhi
1. Were you relieved on 1-5-2005 itself?.
2. Is there a clause in the appointment order about the notice period on either side?.
3. If you are compulsorily terminated without inquiry, complain about the same to the Labour Commissioner.
4. Send a legal notice through a lawyer for your illegal termination and for your reinstatement.
5. You can sue the company which gave your termination order.
6. You can approach the labour court first for your reinstatement and if it does not produce the desired result, approach the High Court.
Writ petition against a Private company would not be maintainable.
You can not, through law, seek reinstatement in service as service contract is not enforceable. You can claim damages for illegal termination provided that you can prove that you have been victimised. A simple termination order which does not cast stigma on your career is difficult to challenge.
Advocate, New Delhi
I have been relieved on 01.05.2015 only. Notice Period was for One Month.
I had sent a detailed Representation against Retaliation, Harassment, Unlawful Discrimination and Unfair Employment Practices to the MD/CEO. I was informed by HR that MD has constituted a Enquiry Committee for investigation of my concerns. HR called me for the meeting. I was waiting for the redressal of my grievances but HR informed me for my termination.
I have been terminated on Un-Ethical Sales Practice and Mis-Selling as it is conveyed me on my forwarded representation above MD/CEO (Management of Parent Company).
Being on the post of Senior Manager, can I approach Labour Commissioner?
Can I file criminal complaint/case against Culprits in indivisual capicity?
Asked 3 years ago
1. You have been terminated without following disciplinary proceedigs as mentioned in your service conduct rule,
2. You have never been called explanationfrom, chage sheeted nor have ever been asked to explain nor faced any enquiry,
3. The principle of Natural Justice has not been followed in your case,
4. Lodge a complaint case before the local labour commissioner,
5. No writ lis here since the Company's conrolling pecentage of shares are in thehand of private parties.
1. The Company should have called your explanation and being dissatisfied with your reply should have charge sheeted you,
2. You have been terminated arbitrarily and not through due process of law,
3. Even a murder accused gets the opportunity to defend him/her but in your case you were not given any chance to explaint yourself in your defense,
4. File a complaint case before the local labour commissioner as suggested in my earlier post.
1. Even though the prescribed notice period was for one month, you were relieved on 01-05-2005 and you are eligible for one month's salary in lieu of notice period on either side.
2. Without conducting an inquiry, if the management takes such unilateral decision, then the option for you is to approach the High Court.
3. You can still approach the Labour Commissioner and bring it to his notice the unfair labour practices existing even in higher ranks like the Senior Manager's post.
4. If you want to file either a criminal/case against the culprits in individual capacity, you should have enough evidence for the same.
In continuation of aforesaid events, my law firm preferred to file a CIVIL WRIT PETITION UNDER ARTICLES 226 & 227 in Delhi High Court but it is not admitted on the ground of maintainability in 2 hearings. I just need anything (Reference/Authority/Judgement/Commentary etc.) to establish that even govt. stake (Through Nationalised Banks) in said Insurance Company is 35%, comes under the control of State (Article-12). Or any High Court or Supreme Court has considered Writ Petition against Private Company in similar circumstances. As per Court, Govt stake should be more than 51% or Government should have control on the recruitments to consider the petition. Although all private insurance companies operate their business according the Guidelines of IRDA (Insurance Regulatory and Development Authority). IRDA is also a Government Authority.
My fight is with a very big institution, for a very big issue of genuine female employees who avoid to approach any forum. Please go through whole story and spare your valuable time to advice/help me.
Thanks & Regards
Asked 3 years ago
1. The said Bank is can not be called as State,
2. Filing of W.P. was a wrong step resulting in to wastage of money and energy,
3. File a complaint case before the labour commissioner as suggested in my earlier post.