JAGADEESH GOVIND (ADVOCATE) 26 December 2008

Termination of Employee

Sir,

My client has been working in a firm as a confirmed employee for the last 3 years.

He was an ex employee in L&T and he joined the present company after superannuation. Now the company demands resignation from him or otherwise they will retrech him.

Whether he is eligible for retrenchment compenstion as per ID Act.

Can the company deny the benifits on the grounds that he had already been superannuated and over 60 years of age.

Pl advise

Regards,

JAGADEESH

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2 Replies

H. S. Thukral (Lawyer) 27 December 2008

If the employee was on contract for a fixed term, he is not entitiled to any retrenchment compensation ( Sec. 2 (OO) b of ID act

Saumya Swarup (services) 30 January 2009

if he is permanent employee (not a contractual employee) then employer can not retrench by the employee and also can not withdraw any benefits given to him without any notice / holding a domestic enquiry.

In ID act age limit is not mentioned.

comany can not deny any benifits on the grounds that he had already been superannuated and over 60 years of age.

regards