Service / employee rights
tapovardhan
(Querist) 22 December 2012
This query is : Resolved
A public limited company (listed but privately owned) decides to simply ask a permanent employee (57 yrs) to quit just because they do not like his face any-more (no other reason notified).
They are reay to pay peltry sum of 3 months notice, that too dont settle in the name of several fictitious outstandings.
Is there any law to protect this sr mngt employee and force the corporate to grant golden hand shake (for balance 8 yrs)?
PARDEEP KUMAR
(Expert) 23 December 2012
Remedy exists under Industrial dispute act, 1947. You can challenge removal, ask for retrenchment compensation etc., etc.,Go ahead.
Guest
(Expert) 23 December 2012
Dear Pardeep Kumar,
About your reply, "remedy exists under Industrial dispute act, 1947. You can challenge removal, ask for retrenchment compensation etc., etc.," in this case would the Industrial Disputes Act be applicable in any way? In the case of the querist, neither his termination is on account of lay off, nor he happens to fall within the category of a worker. He is a project head, a senior management employee, as he himself has also mentioned in his query.
Guest
(Expert) 23 December 2012
Dear Tapovardhan,
Did they actually mention, "they do not like his face any-more," in the termination notice? I don't think the management would have used such words in their termination notice.
Your general query without describing in brief the background, contents of termination notice, charge sheet (if any) and the nature of correspondence, exchanged between you and the management, may not fetch you appropriate solution to your problem.
RAJU O.F.,
(Expert) 23 December 2012
The remedy depends upon his contract for employment. Since he was under Senior Management cadre, labour laws amy not help him. Please go through the terms and conditions for his employment and also the standing orderfs of the company. Better approach an expert advocate of your place, who is handling labour matters.
PARDEEP KUMAR
(Expert) 24 December 2012
Respected Mr. Dhingra,
Mistake admitted, though company may fall within the definition of Industry, however concerned do not fall within the definition of workman as such I.D. Act won't be applicable. Inadvertent error occurred, as I didn't noticed the status which is somewhat hidden in 3rd para as 'Sr mngt. employee' however there is no mention that concerned is a 'project head'. However, would remain more vigilant next time. Thanks.
Mr. Tapovardhan, please place full facts related to the issue, so that appropriate advice could be given.
tapovardhan
(Querist) 24 December 2012
Does it mean no remdy???
Guest
(Expert) 24 December 2012
Dear Pardeep,
Thanks for updating me. About the status of querist, in his profile page, below his ID he has shown himself as Project Head.
Guest
(Expert) 24 December 2012
Dear Tapovardhan,
I wonder to see your observation, "Does it mean no remedy," when you are not ready to share any background information with the experts. Even, you have not preferred to reply my earlier post. Probably, you have overlooked ny post, as specifically addressed to you.
One or the other remedy to any problem is always there, as I believe, there is always a solution. But, sorry to point out that you want remedy without discussing the details of your problem to let the experts see the basic cause of your termination.
In fact, it would not be possible to provide you appropriate solution without examination of your documents, including terms of your appointment, termination notice or any other correspondence which you would have entered in to with the company. These are not simple problems to be solved by casual approach of asking a brief question of very generic nature without discussing basic facts.
However, if you feel some reservation in sharing your information in open forum, you may send detail of your problem privately to any of the experts. Also, you can feel free to send detail to me at: dcgroup1962@gmail.com
Raj Kumar Makkad
(Expert) 31 December 2012
Nothing to add in the wise reply of Ld. dhinga g.
V R SHROFF
(Expert) 31 December 2012
If u r management staff[ not a workman]
U r at mercy of Management.
No remedy.
