Reistatement

Avishek (Querist) 09 September 2013 This query is : Resolved
I am dealing with a case in labour court wherein an applicant has interalia prayed to reinstate in her service as a receptionist cum phone operator in a company wherein her service was deputed by my client. My client is the provider of human resource to its several clients whom has entered into an agreement of providing human resource to their human resource department.
My client has an agreement of providing human resource with the company where from the applicant has been terminated.
My client had selected the applicant on the basis of interview and resume as well as had entered into an agreement under which my client can depute the applicant to any of its client with whom my client has an agreement of providing man power.

The applicant was deputed to the company by my client.

However on receiving complain of misconduct from the company by the applicant , my client had terminated the service of the applicant in compliance with the condition of agreement regarding misconduct by the employee and prior one month notice or one month salary before termination executed by my client with the applicant.

hence my queries are hereunder:
1.whether the case instituted by the applicant against the company in the labour court praying reinstatement of her service along with permanency in the said company wherein her service was deputed by my client on the basis of her uninterrupted six year service is maintainable under industrial dispute act 1947?
2. whether it is at all an industrial dispute within the purview of I.A Act 1947?
3. whether my client has any liability under section 25 F of the Industrial Dispute Act 1947 although my client had terminated the service of the applicant after receiving compliant of misconduct from the company in compliance with the express agreement clause regarding misconduct and prior one month notice or one month salary before termination between the applicant and my client?

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Guest (Expert) 09 September 2013
Nothing can be construed from the description made by you.

The question arises, who issued the appointment order (your client or the company) and with what terms & conditions for the employee?

Raj Kumar Makkad (Expert) 10 September 2013
First of all clear the relevant queries raised by Ld. Dhingra ji.

Rajendra K Goyal (Expert) 10 September 2013
Nothing can be advised on the given facts, consult your local labor lawyer with all the documents.

Kuummaar AS (Expert) 10 September 2013

You have conveyed that

"However on receiving complaint of misconduct from the company by the applicant , my client had terminated the service of the applicant in compliance with the condition of agreement regarding misconduct by the employee and prior one month notice or one month salary before termination executed by my client with the applicant."

Please quote above condition of agreement.

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