Sir, I am a pioneer servent of a cotton spinning ,works as a maint.manager since nine uninturrepted years from 2008.I work only machine related problems physically,and maintain machineries with more productivity,less breakdowns,achive quality , installation of new machineries etc.all problems related to machine only. Thus partly contributed in mills expansion in twice multiple within 6 years span.
I work in a team,even after posted managerial.I get ctc salary,which includes all leave ,bonus, pf contribution by employer and "other"allowences(not clearly mentioned, only three mentioned clearly). Thus get 5.3% Basic+1.2% D.A.+93.5% Other allowences in 12 monthly installments/annum.right from the beginning,and present basic &DA figures(2800+700) are constant since beginning.
Also I undergone a brain hammarage &fracture of several bones,on shop floor&while on duty on 4/2/2016, as I fell down in a 11' deep unsafe rcc trench .
I was in ICU and bedridden for 4.5 months,out of which ,the owners paid only charges of ICU & Salary of the ICU period.Other expenses were borne by me.
Finally I resumed duties after 4.5 months on 17/6/16,& resolved all the machine related problems occured in my absense.Also I found that the safety guards were not provided & lot of spots needed safety measures to avoid the accident occured in my life.I frequently & in writting requested the management to provide safety measures. Also I requested the management to pay my legal salary of bedridden period.
This resulted in getting two written warning letters for misbehaviour(eventhough I undergone brain hammarage while on duty). Finally the Chairman asked me orally on 6/4/17, not to attend duties till he calls me back.After asking salary for that period he replied that he will arrange to deposit it in my bank salary account. I never got it.
I sent my leave applications through e mail retaining claim over my job.Finally I went to the mills after 2 months, even after not calling me back ,and was driven out the main gate by the owners on7/6/17.
1) 7/6/17- Immediately I lodged complaint to local police station, sent a legal notice to owners.
2)13/6/2017 - I lodged complaint to Director ,Industrial safety & Health , Nagpur,to take action over the employer for terminating me orally for requesting safeguards to unsafe spots.
3) 13/7/2017 - After waiting for a months period I approached Distt. Govt.Labour officer. He conducted four meetings with employer.The employer never attended a single meeting.The procedings were handed over to me and he asked to me to go labour /industrial court,on 1/9/2017.
4) 6/09/2017 - I am not in financial position to go labour/industrial court,hence I requested him to carry on leagal matter ( file a case to court etc.) through govt.machinery,and I given in writting an application to treat the case as mentioned in Industrial Disputes act 1947 Sec.2A.
5) 27/09/2017 - Distt.L.O. refused orally to work the case through govt.machinery,as he says that I.D.Act 1947 is not applicable to Textile industry.
Bombay Ind.Relations act 1946 applies to Textile industry. This was conveyed orally to me. I once again requested in writting to him that ID sec 2 j defination says "industry means any industry" & not made any exceptions for textile industry OR ,accept my problem through any law that you know,& applicable to my problem.I am not a legal expert. The reply in writting is still awaiting.
6) I requested the employer to sign over my provident fund final settlement form,as I was in need of money for bread&butter, but he refused to sign it and asked me to resign to get the pf contribution.( I don't want to resign,as my resignation will be accepted immediately without paying a single rupee.) .The PF personnel need signeture of my employer for final settlement/loan etc.
Sir, kindly help me in this matter immediately, & guide me ,which labour law will protect my job, my legal dues, can provide me a lighter physical activity job in the same industry.
I am 55 years old ,hence I may live like a retired person if the existing employer will give me all legal dues(pf,gratuity, salary of bedridden period, 3 months notice period salary if he wants to terminate me, six months dispute period between me and employer etc)
Also kindly note that matter should be resolved by govt.machinery,as I am unable to rush the labour court,industrial court,civil court as I know that the courts kill more time than the govt machinery,where as,the govt.servents are bound to give justice and release orders against any illegal act, within three months.
