Remedy over illegal termination

You have not responded you have been terminated verbally or in writing.

 

Bombay Relations Act, MRTU,PULP are state enactments and senior locals counsels well versed with these can guide you the best.

 

You may approach seasoned LOCAL employee's/trade unions leaders also.

 

 

 

If you have serious financial issues check with Local Free Legal Aid (DLSA) that might be available in Local courts complex.

If you are a workman you may get it.

 

First of all let the queriest decide whether at all he is interested in any relief.

 

Sir, Can an Indian resident file a court case independently,without aid of a lawyer? If so I am prepared to do so. I am sure,that I have not done anything wrong in my duties.The employer himself has done gross illegal acts,by verbally asking not to attend duties to a nine years uninturrepted served , and undergone a major accident while on duty.Also he closed main gate of textile mill. Kindly note that neither I got termination order, nor I resigned even after employer insisted me to do so. He has not paid me even my last salary. Salary of bedridden period, payment of gratuity , notice period salary after termination is far away.And he is not terminating me to avoid the above mentioned remittances. You will certainly help me if I approach court independently. Thanks, Suhas Vasudeo Kshirsgar.

If you are properly informed and confident you may file as PIP.

If you are covered as Workman file application u/s 36 Of ID Act to prohibit representation of managment  by  Lawyer.

Preferably spend some good time with LOCAL seasoned trade unions leaders and counsels specializng in Labor/service matters and well versed with LOCAL laws.

 

First you decide whether at all you want any remedy or not.

 

Accoding to you the court procedure is time consuming.  when you decided  to go without lawyer still it is going to be equally time consuming.

 

You cna go to court without lawyer and can even appear in person.  But you need to understand law and procedure so that you do not fall flat.  Give expressions indicate that :-

 

1. There is something that the employer doe snto want to keep you in service.
2. There is something that they are not terminating you.
3. There is something that they need your resignation only

 

No doubt you appear to be wronged up.  But you are not aware of even the basic principles. 

 

1. You are not aware that the report of the Labour Deptt that conciliations have failed is license to move to labour court. 
2. You are not even ware whether you are workman as poer ID Act. 
3. You are not clear whetehr ID Act applies to the establishemnt where you were working. 
4. You are not even aware whether Factories Act applies to it or not.  You are not even aware whether ESI Act applies to ir or not.
5. You are not even aware whether the establishment was covered under ESI.

Dear Kumar & all, Finally the Govt. Distt.Labour Officer refused in writting to run the case under ID act 1947 Sec.2A.as the textile industry doesn't comes under ID act 1947.Only BIR 1946 act is applicable to textile industry. I feel that ID act 1947 is applicable to ANY industry as per sec 2j. I approached local lawyers and I was asked to go to HC and put up a writ petition against Distt Govt Labour officer as it becomes his duty to file the case to labour/industrial court.The non applicant has not attended the concillation meet conducted by him,hence he has to run the case &file it even in court. Now I have two options. 1) To file a writ petition to HC,against the Govt.Labour Officer for not 2) To file a case against employer in labour/industrial court, for illegal oral termination of a nine years served employee. Kindly suggest me.

Dear Kumar & all, Finally the Govt. Distt.Labour Officer refused in writting to run the case under ID act 1947 Sec.2A.as the textile industry doesn't comes under ID act 1947.Only BIR 1946 act is applicable to textile industry. I feel that ID act 1947 is applicable to ANY industry as per sec 2j. I approached local lawyers and I was asked to go to HC and put up a writ petition against Distt Govt Labour officer as it becomes his duty to file the case to labour/industrial court.The non applicant has not attended the concillation meet conducted by him,hence he has to run the case &file it even in court. Now I have two options. 1) To file a writ petition to HC,against the Govt.Labour Officer for not 2) To file a case against employer in labour/industrial court, for illegal oral termination of a nine years served employee. Kindly suggest me.

Dear Kumar & all, Finally the Govt. Distt.Labour Officer refused in writting to run the case under ID act 1947 Sec.2A.as the textile industry doesn't comes under ID act 1947.Only BIR 1946 act is applicable to textile industry. I feel that ID act 1947 is applicable to ANY industry as per sec 2j. I approached local lawyers and I was asked to go to HC and put up a writ petition against Distt Govt Labour officer as it becomes his duty to file the case to labour/industrial court.The non applicant has not attended the concillation meet conducted by him,hence he has to run the case &file it even in court. Now I have two options. 1) To file a writ petition to HC,against the Govt.Labour Officer for not 2) To file a case against employer in labour/industrial court, for illegal oral termination of a nine years served employee. Kindly suggest me.

Dear Kumar & all, Finally the Govt. Distt.Labour Officer refused in writting to run the case under ID act 1947 Sec.2A.as the textile industry doesn't comes under ID act 1947.Only BIR 1946 act is applicable to textile industry. I feel that ID act 1947 is applicable to ANY industry as per sec 2j. I approached local lawyers and I was asked to go to HC and put up a writ petition against Distt Govt Labour officer as it becomes his duty to file the case to labour/industrial court.The non applicant has not attended the concillation meet conducted by him,hence he has to run the case &file it even in court. Now I have two options. 1) To file a writ petition to HC,against the Govt.Labour Officer for not 2) To file a case against employer in labour/industrial court, for illegal oral termination of a nine years served employee. Kindly suggest me.

Dear Kumar & all, Finally the Govt. Distt.Labour Officer refused in writting to run the case under ID act 1947 Sec.2A.as the textile industry doesn't comes under ID act 1947.Only BIR 1946 act is applicable to textile industry. I feel that ID act 1947 is applicable to ANY industry as per sec 2j. I approached local lawyers and I was asked to go to HC and put up a writ petition against Distt Govt Labour officer as it becomes his duty to file the case to labour/industrial court.The non applicant has not attended the concillation meet conducted by him,hence he has to run the case &file it even in court. Now I have two options. 1) To file a writ petition to HC,against the Govt.Labour Officer for not 2) To file a case against employer in labour/industrial court, for illegal oral termination of a nine years served employee. Kindly suggest me.

Dear Kumar & all, Finally the Govt. Distt.Labour Officer refused in writting to run the case under ID act 1947 Sec.2A.as the textile industry doesn't comes under ID act 1947.Only BIR 1946 act is applicable to textile industry. I feel that ID act 1947 is applicable to ANY industry as per sec 2j. I approached local lawyers and I was asked to go to HC and put up a writ petition against Distt Govt Labour officer as it becomes his duty to file the case to labour/industrial court.The non applicant has not attended the concillation meet conducted by him,hence he has to run the case &file it even in court. Now I have two options. 1) To file a writ petition to HC,against the Govt.Labour Officer for not 2) To file a case against employer in labour/industrial court, for illegal oral termination of a nine years served employee. Kindly suggest me.