i m repeting my query
Sarvesh Kumar Sharma Advocate
(Querist) 18 September 2009
This query is : Resolved
sorry frineds but i m repeting my query
friends,
my client was working in a factory as store incharge from last 15 yrs.
there r two stors r in that fectory.
unit-1,&unit-2.
my client was posted on unit-1 and a theft was commited on unit-2.
there is no relation of unit-1's store incharge with unit-2.
case of theft was ragisterd in to the police station,
police call to all store incharges for investigation and when police investigate that my client has no fault then leave them and other incharge was arrested in to the theft and send him jail.
on next day when my client was went to his job then a notice was affix on the gate of the factory that my client has been terminated by the job because he is highly involve in the theft and he has more assets then income!
however both alligations are falls nither my clinet involeved in the theft (because original accused have been arrested by the police)nor my client has any assets except a normal house made in 100 meters by bank lone .
so,what is the remedy of my client to get their job with respect.
is there any remedy in high court?riven
Raj Kumar Makkad
(Expert) 18 September 2009
Sarvesh ji! I replied earlier, your client is neither involved in the crime nor any departmental enquiry is made hence he is liable to reinstatement in service but he will have to challenge the order of his termination before Civil Court or he may also approach High court but factory comes within state or not is required to be judged first before availing high court. Your client may also file defamation case against the management in addition.riven
Sachin Bhatia
(Expert) 18 September 2009
Approach to the civil court.riven
DD Sathe
(Expert) 18 September 2009
I think case will be covered under ID act and Labour authorities may have jurisdiction as far as termination is concerned. For defamation, of course Civil suit will be required.
ID act provision:
1*[2A. Dismissal, etc., of an individual workman to be deemed to
be an industrial dispute.- Where any employer discharges, dismisses,
retrenches, or otherwise terminates the services of an individual
workman, any dispute or difference between that workman and his
employer connected with, or arising out of, such discharge, dismissal,
retrenchment or termination shall be deemed to be an industrial
dispute notwithstanding that no other workman nor any union of workmen
is a party to the dispute.]
riven
H. S. Thukral
(Expert) 19 September 2009
Remedies are different in case he is in Public Sector or in Private Sector employment. In case of former he can approach the High Court in writ jurisdiction and claim reinstatement. In private sector the employee can only claim damamges in civil law. The termination of service alleging theft and corruption, causes stigma on the employee without proving anything against him. He can succesfully challenge the same. As a store incharge, doing supervisory duties, he might not be covered under the definition of 'workman' under the ID Act.
riven
Jithendra.H.J
(Expert) 19 September 2009
it is a ID, better approach the labour commisioner (in the jurisdiction where the factory i situating) give a complaint in writing.riven
Suresh C Mishra
(Expert) 20 September 2009
i am with the experts who are advising Mr Sharma to approach with the labour Authotities under the Machinary of ID Act and by way of filing a case under section 2 - A of ID Act 9 State or central where is applicable and Store Incharge is a workman and he having no managerial capacity but remedy in the high court is hardly available in case of a Factory it may in public sector or private sector because of the alternative and best remedy is open and in the facts the employer can not terminate arbitrarily without any departmetntal inquiry but the employer may plead loss of confidence in such matter but it will not be much helping to employer.riven
