• Case against private employer or company or organization against illegal termination

Pls help whether illegal termination by a private employer can be challenged in civil court .
If so pls help with the honorable sc judgments supporting the same .
Also if not in civil court pls suggest the right path and court for appeal.
Asked 8 months ago in Civil Law from Bhopal, Madhya Pradesh

Not in civil court but before labor commissioner and yuor case will govern under industrial dispute act.

Yogendra Singh Rajawat
Advocate, Jaipur
16743 Answers
21 Consultations

4.6 on 5.0

What is your designation in the company? 

 

Are you a workmen ? 

 

What are terms of your appointment ? 

 

What basis you say say you were illegally terminated? 

 

Kindly clarify 

Ajay Sethi
Advocate, Mumbai
72059 Answers
4334 Consultations

5.0 on 5.0

Raised the bill as per process wherein they found baggage insurance policy mutilated which was provided to me by vendor .Post termination the vendor provided the correct insurance policy from different company to me --

WHY YOU TERMINATED FOR THIS, WHAT EFFECTING COMPANY ?

Yogendra Singh Rajawat
Advocate, Jaipur
16743 Answers
21 Consultations

4.6 on 5.0

So acc. to comapny you have submitted fake bills, prove your innocence otherwise approach labor court. .

Yogendra Singh Rajawat
Advocate, Jaipur
16743 Answers
21 Consultations

4.6 on 5.0

You do not fall within category of workmen 

 

you cannot claim reinstatement 

Ajay Sethi
Advocate, Mumbai
72059 Answers
4334 Consultations

5.0 on 5.0

You are entitled to compensation as per terms of your appointment letter 

Ajay Sethi
Advocate, Mumbai
72059 Answers
4334 Consultations

5.0 on 5.0

Yes you can challenge if the termination is in violation terms of contract or company policy in vouge duly made known to employees or if the termination is done with some malicious purposes.

Kallol Majumdar
Advocate, Kolkata
2067 Answers
3 Consultations

5.0 on 5.0

yes you can challenge the same in labour court. You can only file in civil court when there is bar to file the case in labour court.

Prashant Nayak
Advocate, Mumbai
16701 Answers
30 Consultations

4.6 on 5.0

Challenge before the Labour Court / Industrial Tribunal under section 2A of the ID Act.

Koshal Kumar Vatsa
Advocate, Gurgaon
1851 Answers
1 Consultation

5.0 on 5.0

You are entitled to Gratuity and also the Contract Labour (Regulation and Abolition) Act 1970 and the Payment of Bonus 1965 could be applicable in your case.

As far as the Court is concerned, firstly raise the issue in written with your employer and then you can approach the labor court (if you are a workmen) or civil court (if you are an employee other than a workmen).

Since you have mentioned that you are in Chief Manager Grade, your dismissal can be challenged  in the civil court and the company is liable to pay you the benefits and  damages/compensation also

Harpreet Singh Hora
Advocate, Delhi
31 Answers

Not rated

Your employment in the private company is governed by your employment agreement. In case of wrongful termination by your company you cannot claim your job back but you can claim for compensation. You can start by sending a legal notice through a lawyer and claim for compensation. If the company fails to respond to the legal notice then you can file a civil suit for recovery of your dues and compensastion

Mohammed Mujeeb
Advocate, Hyderabad
13837 Answers
6 Consultations

4.5 on 5.0

If you are terminated using illegal means,  you first issue a legal notice demanding reason for the same. 

After that you can approach high court with a writ petition seeking relief and remedy. 

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

If at all there were any complaint against you for such financial irregularities, the company should have followed due process of by conducting inquiry, giving you show cause notice and initiate disciplinary action as per rules and regulations.

Termination of employment without enquiry is illegal and arrogance besides not respecting law of the land.

You have strong grounds for filing a writ petition seeking reinstatement and other reliefs.

You may proceed with the help of a service law practicing lawyer.

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

Let the company give their reason before high court, you can challenge the same properly.

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

Yes an illegal termination by private employer can be challenged in civil court. 

Mohit Kapoor
Advocate, Rohtak
6572 Answers
2 Consultations

5.0 on 5.0

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