1) reinstatement would not be possible
2) management is bound to pay you compensation as per terms of your appointment letter
3) terms of appointment letter are sacrosanct
Service Matter Private sector -Reinstatement or compensation
Pls help in clearing below points: 1. Whether reinstatement is possible against wrongful termination ( without and enquiry or without any notice )of non-workmen category in private sector or company . 2. For a non-workmen category which is the correct forum ,civil court or ID court. 3. If not reinstatement , what compensation can be claimed. 4. Also pls help if there any formula for calculaging the compensation.
Asked 6 years ago in Civil Law
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11 Answers
1. In private sector there is no beneficial legislation like Industrial Dispute Act or Labour Act which cavers disputes pf this sort and render all possible assistance to the retrenched workmen for reinstatement.
2. Since you are not governed under wither f these Acts , your remedy lies only in civil suit wherein you can challenge the termination and seek mandatory injunction of your reinstatement.
3. If you succeed in the suit you would certainly get such reliefs but considering the time taken and avenues of challenge available it is hardly resorted to by the disgruntled employees.
Sir,
Reinstatement is not possible in your case.
Appropriate civil court.
compensation according to the terms of your appointment letter.
1. Yes.
2. Challenge it before the Hon'ble High Court because to protect Fundamental Rights the Indian Constitution, under Articles 32 and 226, provides the right to approach the Supreme Court or High Court, respectively, to any person who’s Fundamental Right has been violated.
3. This is ridiculous when you will not get the relief of reinstatement then it means you have not succeeded in proving your case before the court so what compensation can claim , nothing.
4.No formula , calculate your perks for the intervening period from the date of termination to the date of reinstatement.
1. If the company wants it discreet it can reinstate.
2. Civil as I'd court will redress workman dispute.
3. Depends on loss and injury suffered by wrongful termination.
Yes,
Labor commissioner.
Compensation may be one moth salary.
Workmen category employees only can approach labour court.
Other than workmen category can not go to labour court. They are to file suit in civil court.
Reinstatement is possible where service is terminated wrongfully. Compensation can also be claimed in addition if there is loss or damages or harassment to the employees.
1. Yes, you will have to challenge the order.
2. Civil Court
3. The loss that you have suffered.
Regards
The managment has to follow the due process of law.For workers and employees the law is strict and they can go to labour Court.For supervisory persons they will have to go to Civil Court.The maxim "wherever there is a right there will be a remedy " will strictly apply.
Yes reinstatement is possible for non workmen category.
The case should be filed in Civil court.
Yes it can be claimed as alternate relief.
For an unjustified termination of employment in a private company, you may have to approach high court with a writ petition seeking reinstatement of your job.
Since you don't come under workman category you may have to approach high court only for relief and remedy.
