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Rajesh Bhatia (x)     26 January 2015

Service matter

I seek your advice & comments on a Termination case the details of which are as under:

Is it fair for an employer to terminate the services of an employee who has completed 240 days of employment & whose probation period has not been cleared by the employer. the employee has been doing only clerical work though designated as a supervisor. following is the sequence of events
 

- Acknowledgement from respondent for joining of duties of the Co.    : 21.09.1990
- Joining as L-08 (Supervisor) by the respondent :                               23.10.1990
- Letter informing the extension of probationary period :                       26.11.1991
- Probation period extended till :                                                        22.01.1992
- Termination from services :                                                             18.03.1992
 
 
No opportunity was given to the employee by the management to explain the viewpoint on any work related issues. The employee filed the case in the Labour cum Industrial Tribunal court where the court directed the reinstatement with back wages.  The labour court held the employee to be a workmen under the ID Act due to the nature of duties being primarily clerical though the appointment of the employee was in the supervisory capacity. the employee has no one under him, could not sanction any one's leave & not acting as a supervisor in any way but under the control of a section manager like other assistants in the concerned section. The Labour court directed the Company to reinstate the employee with back wages in its award on the case.
 
the employer then filed a CWP with the Punjab & Haryana High court. The high court directed the employer to pay the interim wages (last drawn wages) as on the date of termination. The case is yet to be heard in the High court since then for the past 18 years.
 
I await your valued reply to the above facts. The employer is a large industrial establishment hiring more than 2500 employees.


Learning

 7 Replies

Kumar Doab (FIN)     26 January 2015

18 years is huge delay........Did you represent to speed up the matter and such matters are within the ambit of matters to be heard and decided on priority....

Can you attach the copy of the demand notice/judgement by labor court, orders of high court......

sandeep (trainee)     26 January 2015

i have few doubts..would you please clarify...

i had joined in some company with package of 1 lack for 1 year.at that time i showed bank guarentee of 50000..now(after 5 months) i got good chance to continue my PG..how can i get money from them??

 

1. i did not get any stifund during 1 month of training period?? but how they charge  50k as training cost ?

2. 50000 bond breaking is valid for just 1,00,000 package

3..even they can't provided basic needs in training(accommodation,travelling etc)

4..more ever they didnot given time for thinking of job role.. we had pay the money first day..then they start training...

5.its not help for my career..because iam ECE student..job role is GIS engineer..i really interest for job change..and i got many opportunities too .but i stunk in this company..

please help me how to get my money from them..

thank you

Sudhir Kumar, Advocate (Advocate)     27 January 2015

agreeing with Mr Kumar Doab, I will add that since your case is hopelessly time barred there is no point in discussing the merits/details of the case.

Sudhir Kumar, Advocate (Advocate)     27 January 2015

Originally posted by : sandeep

i have few doubts..would you please clarify...

i had joined in some company with package of 1 lack for 1 year.at that time i showed bank guarentee of 50000..now(after 5 months) i got good chance to continue my PG..how can i get money from them??

 

1. i did not get any stifund during 1 month of training period?? but how they charge  50k as training cost ?

2. 50000 bond breaking is valid for just 1,00,000 package

3..even they can't provided basic needs in training(accommodation,travelling etc)

4..more ever they didnot given time for thinking of job role.. we had pay the money first day..then they start training...

5.its not help for my career..because iam ECE student..job role is GIS engineer..i really interest for job change..and i got many opportunities too .but i stunk in this company..

please help me how to get my money from them..

thank you

start your own thread

Rajesh Bhatia (x)     27 January 2015

The hearing turn at the high court never came. even now the the serial of the case will take 1.5 years. whenever we approached our advocate, he told there is huge pendency of cases at the high court and such cases take time to get the hearing at the court.  Now after this we have changed our counsel who is putting up application for an early hearing of the case. the award by the court was last pay at the time of termination and has never been revised

Kumar Doab (FIN)     27 January 2015

Attach the documents in this thread,for Further discussion .

Sudhir Kumar, Advocate (Advocate)     29 January 2015

you may already be having 5-10 Kg of papers and no useful vies can be expressed.


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