Termination of my employment/service by ngo /voluntary
Querist :
Anonymous
(Querist) 15 March 2023
This query is : Resolved
ICC conducted on inquiry on an alleged complaint of sexual harassment at workplace under POSH ACT 2013.
Am the respondent, I was asked to attend for the hearing. I attended, it lasted for 2 hours. After the hearing, after around 45 days, a brief communication was sent by HR saying " the IC has found the allegations of sexual harassment made against you to be true. In this regard, the IC has recommended dismissal of your services from the organisation."
Immediate next day another mail from HR saying " Please note, recommendations of the Internal Committee [IC] for the POSH ACT 2013, are binding on the organisation. In line with the IC’s recommendations, this is to inform and notify to you that your services/employment stands terminated with immediate effect."
NO Inquiry findings shared; No Inquiry report supplied; No clue of witnesses examined by IC; Respondent even not shown the hearing proceedings and never obtained any signature on any paper.
Pls suggest the appropriate legal action on this…..
kavksatyanarayana
(Expert) 16 March 2023
You may prefer an appeal under Section 18 of the Act to the appellate authority notified under clause (a) of Section 2 of the Industrial Employment (Standing Orders) Act, 1946, within a period of 90 days of the date of recommendations by the Internal Committee.
T. Kalaiselvan, Advocate
(Expert) 16 March 2023
In case of illegal termination of employment India, suit for declaration may be instituted in the civil court of jurisdiction under the Industrial Employment Standing Orders Act, 1946 and Industrial Disputes Act, 1947.
No standard procedure is followed for the termination of employees in India, even though the law tries to resolve multiple issues.
When determining the appropriate jurisdiction in the context of workers, the Supreme Court has held5 that:
a. civil courts will have jurisdiction if the dispute is not an ‘industrial dispute’ 6 and, or, does not relate to enforcement of rights granted under industrial laws;
b. civil courts will have jurisdiction if the dispute is an ‘industrial dispute’ and the right sought to be enforced is under common law and not industrial law7 ; and
c. civil courts will not have jurisdiction if the dispute is an ‘industrial dispute’ and the right sough to be enforced is under industrial law.
With respect to employees, the limited remedy available for wrongful termination of private employment is damages to the tune of the salary payable to the employee for the prescribed termination notice period.With respect to workers, the remedies include reinstatement and, or, damages which will be subject to the relevant facts and circumstances
