Sridhar Sridhar

5 years ago

Company issued termination letter not shown any proofs. Wrong allegations based like used abusing words and caste related words but u never used above words.

ROBERT D ROZARIO

Responded 5 years ago

A.Facts not clear. You did not mention what is your designation. If your employment falls within the definition of the Workman then approach the court under Workmen Compensation Act, if your employment does not fall within the definition of Workman approach the court under the Shops and Establishments Act.

Wrongful termination is when the employer does not follow due process of law or when the employer has violated the terms of a pre-existing contract containing provisions for termination. However, termination may be considered to be wrongful in the following circumstances:

(i) employer terminates the employee on discriminatory grounds
(ii) If the termination carried out by the employer is violative of the terms of the contract
(iii) employer terminates employment due to workplace disputes or personal grudges or refusal to follow illicit orders

termination of employment depends upon two factors:
(a) Terms of agreement for employment
(b) Grounds and manner in which the employees services were terminated.

The ID Act obligates an employer to allow an opportunity to the terminated workmen to offer themselves for re-employment and such terminated workmen who apply for re-employment are to be given preference over others.
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Sridhar Janga

Replied 5 years ago

Designation was sr.manager, company Telecom company, exp 25years exp.

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ROBERT D ROZARIO

Replied 5 years ago

your employment falls under SEA, you can contact me more details.

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ROBERT D ROZARIO

Replied 5 years ago

You can contact me for sending legal notice and filing your case in the right forum. Labour court is not the right forum to hear your grievances.

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Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 5 years ago

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A.Termination without any reason by a private company is breach of employment contract and you can sue the company for committing breach of contract. So, first you start with sending them a legal notice and then followed by a filing a civil suit if they don't respond as per your expectation after receiving the legal notice.
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Vidhi Samaadhaan Vidhi Samaadhaan

Ambrose Leo

Responded 5 years ago

A.You have to take up the issue with a Professional Labour & Employment and sevice matter lawyer from the panel to issue legal notice for illegal termination and if need take up the issue before the jurisdiction quickly.
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Vidhi Samaadhaan Vidhi Samaadhaan

Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client you need to go through lawyer and issue legal notice against your termination. If company not reply you then file complaint into office of labour commissioner or in labour court.
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Sridhar Janga

Replied 5 years ago

Sir, already approached labour court but company persons not responded properly and also not shown any proofs, labour commissioner told me they have not responded and also ur in sr .manger position, not comes under Inr 16000 per month salary. Pls guide me now shall I send legal notice to company.

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Vidhi Samaadhaan Vidhi Samaadhaan

Rameshwar Dadhe

Responded 5 years ago

A.By advocate Rameshwor dadhe dear sir you should approach to labour commissioner office and made complaint against them
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Vidhi Samaadhaan Vidhi Samaadhaan

Manjula Shanmugasundaram

Responded 5 years ago

A.If you are an industrial workman and you need to raise an Industrial Dispute before the relevant Commissioner of Labour. If you don't come under Industrial Disputes Act, you might have to file a different cause depending on your company and nature of your employment. Therefore, more details are needed.
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Sridhar Janga

Replied 5 years ago

Madam, worked in Reliance JIO inficomm ltd, telephone company as a sr.manager, already approached DCL, labour court but they said that ur not a worker hence we can not handled ur case. Pls file a case in court like that labour cort said. Job was Permanent not contract based. In offer letter shown jurisdictions at Mumbai only. Shall I file a case in Mumbai local court or not for reinstatement or compensation for loss of job . pls guide me madam.

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Vidhi Samaadhaan Vidhi Samaadhaan

Rajeev RJ

Responded 5 years ago

A.You can issue a legal notice asking the company to provide the grounds for termination.

Regards

rajeev
RJ Associates
Trivandrum
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Vidhi Samaadhaan Vidhi Samaadhaan

Prabhakara S K Shetty

Responded 5 years ago

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A.You cannot go to Court for a termination by a private Company. But you are eligible for whatever your job contract provided and compensated. However, if your termination order contains false allegations against you you can go to court.I filed a case against WiPRO on this. see WP 47550 / 2017 in high court website.
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Vidhi Samaadhaan Vidhi Samaadhaan

Ashish K Dongre

Responded 5 years ago

A.Issue them a legal notice, contact local vidhikarya lawyer for the same.
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