Terminated in notice period
7 months ago
I completed two months in the organization. Due to not being interested in my profile and management issues, I resigned from the company and served a 90-day notice period as per company policy, but after 1 month, the company terminated me for a poor reason: not cooperating with work. So please guide me on what I can do, and I want a reliving letter.
A.Dear Sir,
Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
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.
When an employee tenders his resignation following the terms of the contract of employment and serving the notice period, an employer cannot terminate your service on either pretext and without complying with the mandatory provision of Sec.13(1) of the Industrial Employment (Standing Orders) Act, 1946 which will be treated as illegal termination from employment. Section 2A (1)of the Industrial Disputes Act 1947 says that where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute. Sec.2A(2) of the Act says that notwithstanding anything contained in section 10, any such workman as is specified in sub-section (1) may after the expiry of 45 days from the date he has made the application to the Conciliation Officer/Labour Commissioner of the appropriate Government for conciliation of the dispute, and in receipt of such application the Labour Court or Tribunal shall have powers and jurisdiction to adjudicate upon the dispute as if it were a dispute referred to it by the appropriate Government in accordance with the provisions of this Act and all the provisions of this Act shall apply in relation to such adjudication as they apply in relation to an industrial dispute referred to it by the appropriate Government. Sec.2A(3) of the Act says that the application referred to in sub-section (2) shall be made to the Labour Court or Tribunal concerned before the expiry of 03(three) years from the date of discharge, dismissal, retrenchment or otherwise termination of service as specified in sub-section (1). So, In view of the above provisions of law applicable on the subject, you can make the application to the Conciliation Officer/Labour Commissioner of the appropriate Government for conciliation of the dispute, and on expiry of 45 days, you can make an application directly to the concerned Labour Court or Industrial Tribunal for adjudication of industrial dispute and following the provision of sub-sec. (3) of Sec.2A of the Act, Reach out to an Advocate who handles Labour Court/Industrial Tribunal matters for proper guidance and steps. In case you need any legal assistance from us in this regard, you may contact our legal team along with all relevant papers.
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