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Prayag Dutt Joshi (SR. ACCOUNTANT)     04 March 2010

Termination of Jobs

Dear sir,


I was working with a Ltd Company but not listed in share market since May-2009 and due to illness I take the leave in the month of Sept.2009 and due to this my employer terminated me without prior notice/information by payinng only my earned wages. Again he call me and hired in the month of Dec.2009 and appoint as Sr. Accountant but he did not give the appointement letter in the month of May 2009 as well as Dec.2009. Now again he terminated me without any information and when I tried to contact him he did not pickup my phone. I have send a email asking the reason why he terminated me but he is not giving any reply. This is the practice of that employer he never give the appointment letter to any one and terminate any one without any prior information.

I want to know that can I file a dispute against that employer under Industrial Dispute Act even I was working as Sr. Accountant. Secondly he give the salary by cheque but not showing me on registered as  an employees.

Can any one suggest me in case of no-appointment letter can I demand the notice pay as well as wages for termination period from Sep.2009 to Dec.2009 from the employer and if he not pay the same can, I file this case in Labour court.

Please suggest me regarding this and if you have any case reference for this matter please privide me.

 

rgds,

Prayag Dutt Joshi

 

 



Learning

 3 Replies

Prayag Dutt Joshi (SR. ACCOUNTANT)     06 March 2010

No body have the answer of this query.


Please give the answer.

Kumar Doab (FIN)     05 April 2010

Both the times you did not obtain an appointment letter.

You were being paid salary by cheque , but  you are not on the employee register.

 

Since everyone including has  been working without appointment letter, you should agree to be a witness for each other, whenever required to prove that you were employed wtih this company to avail the benefits.

You should visit a local lawyer practicing in service matters, and put all the facts and docs in his knowledge.

Your lawyer shall evaluate   merit ,in your case , for raising Industril Dispute, and may help you for your 1st termination during sickness, and notice pay, and appointment letter.

 

 

Kirti Kar Tripathi (lawyer)     16 January 2011

Yes, you can raise an industrial dispute under Section 2A. Not providing  appointment letter is the general practice in India. where huge unemployment is existing. So do not worry,  you can prove your employment by other evidences. Payment made by cheque against your salary is one of the vital evidence..


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