No Termination Nor Resignation
I was working as a Manager - Sales and Marketing (a few sales executives were working under me) for a Company and was on probation for almost a year and I was asked to resign from the job without any specific reason. I did not resign so they did not let me do my online attendance and did not let me enter the office. The offer letter states that if an employee remains absent for 7 days then he is automatically terminated.
I filed a complaint to the labour commissioner within 7 days of my last day of work. Then I was made to fill up a form for Industrial Dispute Act 1947 for getting back my job and back wages (the moment I was asked to resign and till the case is solved) The Labour Commissioner set 4 hearing dates in 6 months but the Company people did not came to resolve the issue, then the labour commissioner referred the case to the labour court viz ID ACT 1947. Now the case is in the labour court. I want to be sure that does my case comes under the ID ACT 1947 or not.
I have not been paid my 3 months salary so it does comes under the Labour Court under Section 33 (C) of the Industrial Dispute Act, 1947
I am hereby quoting you from the bombay high court :
In this connection Bombay High Court in Union Carbide vs. Samuel (1999) and Supreme Court of India have led down certain criteria for determine whether a person is workman or not. Can his decision bind the employer? Does he have power to sanction leave? Does he have power to appoint? Can he examine quality? Can he assign duty? Can he indent material? Can he recommend leave? Are any person working under him? Does he supervise work? Does he write C.R?
My duties was of superviser level
Below are my answers as to my duties in connection with the Bombay High Court and Supreme Court Criteria :
My decision was not binding for the employer
I was not having any powers to sanction leave
I was not having any powers to appoint
I was not examining quality
*** I do use to assign duties to my subordinates
I was not indenting material
I was not recommending leave
*** Persons were working under me
*** I do use to supervise work
I was not writing C.R.
*** I was also doing the work of an executive ie going into the filed, meeting clients.
Does my job comes under the ID ACT 1947
Please guide me as my case is in the labour court and I am fighting it alone without a lawyer
Kindly refer me the section of the ID ACT 1947 and give me a detailed explanation or definition
Thanks and Regards