My most unjust dismissal from m&m ltd., mumbai
Navin Pandya
(Querist) 09 March 2013
This query is : Resolved
Dear Sirs,
Namaste!
Very brief details:
For exposing mismanagement,unfair labour practices & protesting against exploitation, I was dismissed from M&M Ltd. without notice, notice pay,without providing enough opportunity for my say against bogus enquiry report in 1991.
Even though I was committee member of M&M Officers Association & my dispute for promotion was pending in Labour Court, the company didnot take permission from the Labour Court.
Because of false pleadings of the company, I was declared 'not a workman'.
The company didnot produce Board Resolution for litigation,Power of Attorney in favour of person signing pleadings even though they violated Order 29 of Civil Procedure Code.
I wanted to settle the dispute out-of-court & through Lok Adalat but company not responding.
Recently, Labour Court rejected my Application for Condonation of Delay in violation of Hon. Supreme Court Guidelines & closed the matter. I am Petitioner-in-Person.
I had explored for out-of -court amicable settlement through various Govt Authorities like Ministry of Corporate Affairs,Chief Minister, Labour Minister, Labour Commissioner etc. etc.
In fact, my unjust dismissal was a criminal conspiracy by the company.
I have all evidences of my innocence.
Kindly guide me about further course of action at the earliest.
With best regards,
Yours sincerely,
Navin Pandya
ajay sethi
(Expert) 09 March 2013
the company must have a labour union . contact the office bearers of the union to arrive at an amicable settlement . your dismissal has been in 1991 . your litigation has had a chequered history . your application has been rejected by the labour court . it is necessary to go through orders passed by labour court to advise .
Guest
(Expert) 09 March 2013
Your case would need detailed examiation with reference to all related documents vis-a-vis the legal position to form some viable opinion. So, correctness of your own perception would be possible to be ascertained only after detailed examination of the case.
V R SHROFF
(Expert) 09 March 2013
u said "I was committee member of M&M Officers Association"
Means you were in managerial category & not a workmen.
Never try to represent yourself; Labour Law Practitioners in Bandra Labour Court are competent enough to do needful.
Shri Ajay, ::"Mr. Pandya cannot be a member of Labour Union; He is member of Officer's Asso. L Union won't help him. So that guideline do not help him."
Matter is Stale. 22 years passed.
It is too late to come before LCI.
R.K Nanda
(Expert) 09 March 2013
contact local lawyer.
Kirti Kar Tripathi
(Expert) 09 March 2013
The question regarding status as workman can be decided by the labour court/tribunal as the case may. You can prove yourself workman by producing evidence about your nature of job and responsibilities. If you are held "workman" you will get full protection of Industrial Disputes Act. If your services were terminated during pendency of dispute regarding promotion, you can challenge your termination directly in the concerned Labour Court/Industrial tribunal, where your promotion's case is pending by moving an application under Section 33A of the I.D.Act
Raj Kumar Makkad
(Expert) 12 March 2013
Nothing to add more in the given replies especially on the matter of limitation.
Navin Pandya
(Querist) 21 March 2013
Dear Sirs,
Namaste!
Thanks for the opinions.
M&M Officers Association is Registered Trade Union & the Labour & Industrial Court had granted relief to it in Officers' matter concerning criminal prosecution of Anand Mahindra & Others.
Regarding my 'workman' status,I was Junior Officer without any powers. Job Responsibilities were never given in writting.
When M&M Officers' Association was granted relief and dispute was allowed to be settled out-of-court, it is obvious that I am also 'workman'.
Hon Supreme Court has said Sufficient Cause & Merit important, not the length of delay while doing justice.
The company had procured order about my not being 'workman' purely by misrepresentation before the court to prevent justice to me & deserves criminal prosection. My prayes for criminal prosecution were neglected.
In view of the above, what is the further remedy?
With best regards,
Navin Pandya
Guest
(Expert) 21 March 2013
If you or your advocate would have tried to adopt any course of action merely on hit and trial basis on your own presumptions you could well have have expected the results, which you are getting at present in your case. Rejection of case was quite expected.
Further remedy would also not be possible to be provided by any expert, when you have not provided the needed facts as both of your posts you have talked very generally merely on the basis of your own assumptions.
Mere extending the thread on your own suppositions, but without providing the facts, background and the reason quoted by the labour court about your not being treated as workman, may not help you in any way to get any solution from the experts. To be frank, that would be sheer waste of time for you as well as for the experts to give any thought over your problem in the absence of requisite facts.
It is not a question of false pleadings, but the question of interpretation of law accepted by the labour court with reference to the particular section of any labour law. But, you have not made any mention about the ground on which the labour court made the company to procure order about your not being 'workman'.
The question arises whether your duties & responsibilities were of supervisory nature or not and what salary you used to draw on the post as officer?
Sudhir Kumar, Advocate
(Expert) 13 April 2013
case does not solve by repeating query at http://www.lawyersclubindia.com/experts/Bad-Judgments-remaining-unchallenged-384396.asp#.UWjEP0ohHfM
Raj Kumar Makkad
(Expert) 13 April 2013
If it was a repeated query then how the experts have entertained it?
