Rishikesh Rewatkar (Legal Executive) 05 May 2015
Dear Sir,
A was working in your firm on the salary payment of Rs. 15000/- as a sore manager from last 1 years. He was terminated for the reason that more absenteties and doing irregularly in stock of the company store. Now he complaint before Asst. Labour commissioner, Nagpur under section 2a industrial disputes act for taking back job. but company not ready to take on employment. Plse what our reply to labour commissioner in this regards.
arulprasath (HR & Legal) 05 May 2015
Hi
Any employee commits wrong thing against certified Standing Orders or model SO then employer can be taken appropriate action against the alleged misconduct employee, employer wants to punish that employee with following procedure and natural justice, failing which all action / punishment will be consider as unfair labour practice.
Kumar Doab (FIN) 05 May 2015
Your query is not drafted properly.
If your message is that charge on employee is irregularity in attendance, stock then company had to issue show cause notice, conduct domestic inquiry, and provide opportunity of natural justice……………..or the termination may get termed as bad order.
If the employer has not complied with labor laws then the labor court may order reinstatement with back wages…..
He is covered by Payment of Wages Act, PF,ESI etc too.
He can lodge complaint with concerned authorities….
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