Termination without Notice Pay

Sir,

What is the process for  approching to the labour commissioner regarding this.

Prayag Dutt Joshi

Please visit Labour Commissioner's office and submit your complaint along with copies of mrdical reports to him personally. If he did not take any action later you can file a case in labour court.

First of all, you are not legally terminated or retrenched by the Company. On legal footing, it can be said that you have been temporily laid off by the Company. 

You can seek salary and other benefits from the Company, untill and unless you have been officially retrenched or terminated by the Company.

Therefore you are on rolls of the Company.

Make an application to the Court stating that the Company is not allowing you to work and mark your attendance, and is not paying my salary, and seek directions from the Court.

The Management would have to come with a certain defence as to why they are not allowing you to work. Then as per the Managements reply, you would egt your future course of action. If they deny that you are not allowed to work, you can claim salary from the Company. If the Company states that you have been laid off or terminated, you can claim that the same is without any notice or written comunication, and hence illegal, and seek directions accordingly from the Court.

Thanks and Regards,

Ashish.   

From the stated facts in your query, it appears that you might not have been yet confirmed in service. In such a case usually employment clause is devoid of any notice period preceding termination. The termination if  you are on probation would not create any illegality if it is termination simplicitor. Suggestions of Ld. experts can be applicable if you are a workman in terms of provisions of ID Act. Otherwise labour court does not have jurisdiction to try your case. Yes only hope is if you are covered under the ESI Act then your employer can not terminate your services during the sickness period irrespective of your status as a workman or supervisor.   

FIRST READ UR APPOINTMENT LTR AND HAVE U ACCEPTED AS IT IS, R U MADE ANY REQUEST 4 JOINING ECT., PLS POST ALL DOC. TO FORUM WE WILL GUIDE U..

Please send a legal notice to your employer seeking reasons for your termination and asking for all the dues etc.keep acknowlegement of receipt of the same by your employer. After given time a reply is not received by you, go to Labour court for redressal.

since u are temporary servant appointed on a contract and your absence from duty will only mean not interested and thus misfit for employment. only remedy available to file complaint before labour court to get some amount of compensatation it may be 3 months salary or expense for medical treatment.