VERBAL TERMINATION DENIED

Querist : Anonymous (Querist) 03 March 2011 This query is : Resolved
First the company terminate his employee verbily after that employed moved to the labour court and filed a case U/S 26 of bihar shops and establishment act about illegal termination of his service and the case run from two years in DLC court after that DLC has passed the order that is not the case of termination and it is not a case of U/S 26 because there is no termination because the company had make false transfered order and produced in court that he is not terminated he is transfered and he not join the transferd place & the company ask before the court the employee has not terminated after two year for that court has reject the petition of employee.
Pls. send the such type reference where above mentioned matter like cuses involved.
And me what i do.

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Guest (Expert) 03 March 2011
YOU MAY FILE APPEAL AGAINST THE SAID JUDGEMENT AND PRODUCE ALL DOCUMENTS TO PROVE THE CASE.GOOD LUCK.

Kirti Kar Tripathi (Expert) 04 March 2011
See you appointment order and service conditions, is there any provisions for transferring of an employee from one place to another place and whether the employer has any establishment in the place, where he intended to an employee. If is absent. Your case is certainly of termination and alleged transfer is unfair labour practice and amounts to termination. In those circumstances, you can challenge the action of DLC. Moreover, the DLC can not adjudicate the merit of the case, you can file a writ commanding the DLC/appropriate Government to refer your case to Labour court for adjudication

Guest (Expert) 04 March 2011
Did not your advocate ask for the proof of delivery of the transfer order to you before the court of DLC?

Now, as advised by Shri Nand Kumar, file an appeal before the competent court. BUT must engage a good advocate to process your appeal case.

Basavaraj (Expert) 04 March 2011
I AGREE WITH EXPERTS

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