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Termination Condition in Steel Authority Of India Limited Termination Condition in Steel Authority Of India Limited

1 year ago

I am get permanent appointment In SAIL ,In My offer letter of SAIL a clause is written "Your service can be terminated without showing any reason"
Is this legal and is this Fair?
What will I do If company terminate me for no reasons

Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Sir,
You cannot seek any remedy at this initial stage since no notice is issued to you to terminate your services. If any such notice is issued then approach the following authority.
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Please approach the following authority or similar authority in a state


The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
Addresses of Labor Inspectors in Bengaluru in different locations
https://karmikaspandana.karnataka.gov.in/page/Contact+Us/Labour+Inspector/en
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Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)

(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.

(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.

(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.

(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.

(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.

(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]

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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 year ago

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A.No employer either of PSU or private can terminate any employee even a contractual/casual worker for no reason or without a reason. A PSU like SAIL having well established rules and regualtions should not have such a clause in their appointment letter. Content or terms and condition of appointment letter may be misread or misunderstood.
So go through the terms and conditions of appointment letter carefully to satisfy yourself first and then bring the matter to the notice of appointing authority for a better resolution in the matter.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 1 year ago

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A.Hello,
As per the information you have mentioned its a contract which is ade by the company so it your discretion whether you want to enter into that contract by agreeing to that clause or not.
you can always do negotiations.
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