Laksh 02 October 2015

Termination from mnc..salary >1 lacs per month

Hello

I was Employed with MNC as a Manager in Sept,'2013.

I got confirmation letter signed by MD on suitable completion of probation period of six months in Feb,'2014.

I was given termination letter in OCt.2014 without showing any reasons.

The reason from internal sources MD(61-Age) is in long time affair with a lady employee, R Hegde(42-Age), so on the base of her feedback he has terminated many senior employees.

Can I file a case in labour court or in any other court ? Which Court ?

My salary was more than 1 Lacs per Month but didnt have any power or reportees. All lies with MD.

I dont have job since long. Can I claim my compensation ?

Company is very small in India, having 50 employee and turnover of 40 Cr.

Based at Pune, wakdewadi.

Pls suggest.

Thanks

Reply Follow

7 Replies

Ramakrishnan (Admin & Personnel Executive) 02 October 2015

yes but you need to file civil suit

Kumar Doab (FIN) 02 October 2015

You may consult an able Labor Law Consultant/Service Matters Lawyer/Law Firm specializing in labor-service matters and let your counsel after examining your nature of duties etc you shall be covered by the

def. of 'Workman' as in ID Act, Or not and can approach Labor Court or not.

Emplyee' as in Bombay Shops and Estbs Act or not and can approach Inpsector/Chief Inspector or not.

If your counsel opines you are not coverd by either of these, you may have the option to approach civil court........................

advocatepassy@gmail.com 971794 (Advocate) 03 October 2015

Sorry, you are neither workman nor employee. You were executive of a small company doing big business. You have to file a civil case

Laksh 05 October 2015

Thank you so much from all respected lawyers.

It seems I may not fall under workmanship and I have to file civil case.

So In civil Court, Can i challenge Termination ?

Can I ask for reemployement or only compensation ?

Can i ask for compensation until I did not get a job ?

Pls suggest.

Thanks

Kumar Doab (FIN) 05 October 2015

Have you consulted an able Labor Law Consultant/Service Matters Lawyer/Law Firm specializing in labor-service matters and has your counsel opined after examining your nature of duties and powers that you had and designation was a glorified or not etc....................and is covered by the def. of 'Workman' as in ID Act, Or not and can approach Labor Court or not.

Emplyee' as in Bombay Shops and Estbs Act or not and can approach Inpsector/Chief Inspector or not.?

Traditionaly unions in Maharashtra have been strong and a union may embrace you.

Maharashtra has provisions of MRTU,PULP,PAMS etc.......................

You can pray for reinstatement in civil court however it is pleasure of court of law and on merits.

In case of civil courts the company shall scream for issues of jurisdiction,specific relief act, personal contarct can not be enforced in court of law etc................

Your counsel may opine that you can file civil suit with damages.

Consult your counsels.

Ramakrishnan (Admin & Personnel Executive) 05 October 2015

it is possible only for compensation not for reemployment.for lieu compensation you have to pay one third amount in court as deposit it is refundable amount