regarding the dismissed employee
mir mohamed ismail ali
(Querist) 12 January 2009
This query is : Resolved
sir,
about 9 employes have bben dismissed in that 2 employes and 7 are of them are union leaders for the CITU union, the reason is that, company HR manager was harassing all the employes of the company and he used threatened them that i have got this power that power i can do anything, if u wont listen it and the HR manager has gone beyond the limit and he came to singular language and with that behivour that union and 2 employess went to hit but thy have not hit and in the meanwhile he went to the police station and lodge a false complaint on the union that they all have attached him and he also went to the nursing home and got the treatment and got as a proof, after that the HR head dismissed all the 9 employes. please let us know how to go about it and what action has to take please guide us how to go about and help us out to get the justice and give us the suggestions and help is required
ismail
H. S. Thukral
(Expert) 13 January 2009
Have the employees been dismissed or suspended? Management may dismiss employees and prove the charges before the Labour Court claiming that inquiry in the prevalent atmosphere is not feasable. However if there is any dispute pending before the Labour Court/Tribunal or Conciliation, and if the dismissed workmen are concerned in that dispute, a duty is cast upon the management to seek approval for its action. If some of the dismissed workmen were recognised as 'Protected workmen' under section 33(4) read with Rule 61 of the ID Act then permission is required from the Industrial Court where dispute is pending in order to alter their service condition or to take any adverse action agasint them.
If bipartite discussios fail to resolve the issue, then follow steps 1 &2 as advised by Mr. Prabhakar herein.
A. A. JOSE
(Expert) 21 February 2009
I agree with above views.
Hiralal Das
(Expert) 08 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.
