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Kahnu Charan Senapati (Junior Assistant -cum-DEO)     14 December 2013

Entitlement for compensation

Sir,

        I have a peculiar question to ask. That, recently,  I was retrenched 3 months after expiry of my job contract. in the establishment i was working in.  I was there. for more than 5 years in continuous. After the job contract was over i was drawing the same remuneration as I was having while the contract was in force. Exactly after 3 months of service when the contract expired, I was immediately handed over a retrenchment letter citing closure of the project not the establishment. In the contract there was condition that  "the contract can be terminated by either party giving one month's notice in advance or depositing one month's salary in lieu thereof".  Should I move the labour court to seek compensation for effecting retrenchment without any notice after more than 5 years of continuous service or are there any other dimension to this case?. 

Kindly help.

Kanhu



Learning

 3 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     14 December 2013

Yes you can move to the labour court and demand any amount due from the employer.

Kumar Doab (FIN)     14 December 2013

Agreed.

 

You may go thru:

 

 

>> Prolonged Contractual job is exploitation

Delhi High Court

Dr. Radha Dubey vs Government Of National Capital ... on 21 December, 2009

 

And

 

Supreme Court of India judgement : Radha Dubey Vs. Govt. of NCT of Delhi & ors. in c.c.no.  10388/2010

 

 

>>  Artificial Break in FTC

Bombay High Court

Sudhir R. Koli And Ors. vs Maharashtra Pollution Control ... on 1 July, 2004

 

 

You may download the service codes and regulations of the establishment, standing orders, service rules,  etc and show it your labor consultant/service lawyer and give inputs in person.

 

Te lawyer that has seen all of your docs and has analyzed your inputs can advice you the best on merits and remedies.

  

 

 

 

 

 

 


Attached File : 521301547 dr. radha dubey vs government of national capital ... on 21 december, 2009.doc, 521301547 artifical break in ftc.doc downloaded: 153 times

Sudhir Kumar, Advocate (Advocate)     15 December 2013

well elaborated by Mr Kumar Doab


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