• Sudden service discontinuation

I am uttam Chakraborty, an employee of Spectrum (ARENA ANIMATION KANKURGACHI, p-28 Maniktala Main Road, Kolkata- 700054). form 1 November 2005 to 1st August 2019. I was a faculty last 14 years. but,
Suddenly 1st August Our Company issued me a letter of service discontinuation. with one month salary.
There have no violence, no other dispute against me. The company issued that, "the company has no work to offer you now" but there is a lot of classes which I can take. 
After 14 years of work, the Company offers me only one month's salary. We have no provident fund or any other facility. or compensation. even the company bonus also not alloyed.
I am 54 years old, so I can't get any job in this movement. my family suffering big trouble for financial problems. I need some compensation to survive my life.
 May I get or claim from the company. 
Please Help me.
Asked 6 years ago in Labour

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6 Answers

If you have evidence that last 14 years you have worked with the company than make complaint against labour Commissioner or company registrar of your area. Secondly you can file case in labour court as well.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You can send them legal notice and file a complaint to labour commissioner office. If still not resolved then you can file case in labour court

Prashant Nayak
Advocate, Mumbai
34562 Answers
249 Consultations

Since you have worked for more than 15 years you are entitled to gratuity 

 

2) in event of termination you are entitled to 15 days salary for every year of completed service 

 

3) file complaint against company before labour commissioner and seek reinstatement against unjust termination 

 

4) I presume you fall within category of workmen 

Ajay Sethi
Advocate, Mumbai
99842 Answers
8148 Consultations

Due procedure shall be followed while retrench any employee. Since you are terminated for no work, it shall be construed as retrenchment who were not working on a managerial or administrative post. 

You aer entitle to compensation which shall be equivalent to fifteen days' average pay for every completed year of continuous service.

+ Gratuity for completing more than 5 years in same organization + PF if was deducted from your payment.

You will receive good amount. Issue notice/appraoch labor commissioner for relief.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

you can file a dispute with the labour court in kolkatta seeking all your arrears, compensation and unpaid dues from the company in this petition.

Mohammed Mujeeb
Advocate, Hyderabad
19334 Answers
32 Consultations

You may make a representation to the company's top management in writing in this regard and request for reinstatement citing the same reasons and grounds.

If this do not fetch any fruitful result then you may issue a legal notice through your lawyer demanding re-reinstatement with full pay and allowances.

Subsequently you approach high court with a writ petition seeking the said relief and remedy for this.

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

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