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6 months ago

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Illegal Termination Of My Employment - They Have Violated The Principles Of Natural Justice
City-India-Patna Country-India Id Act Industrial Dispute Act Legal Advice Terminating An Employee Termination And Dismissal Termination Of Employment Termination Policy #Edit#
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Hi Respected Members, I have been employed by one IT company based out of Mumbai as a Technical Recruiter.
3 days ago while I was working (WFH), they blocked my account and HR called me and told that "You have been terminated due to a Business call".
Today I received termination mail, an excerpt of that is below:
"As per clauses 5 and 6 of your appointment letter, we regret to inform you that your services from Company have been terminated. Extract of which has been mentioned below.

Clause 5 (extract): The term of this Agreement is “at-will”. Either party may terminate for any reason or no reason, with or without cause.

Clause 6 (extract): “The company may at its discretion, terminate your services immediately, by paying one month’s salary in lieu of the notice period”.

In my opinion this termination is illegal for following reasons:
1. They have violated the principles of Natural Justice
2. I am a workman under sec 2(s) of Industrial dispute act 1947
3. ID Act 1947 will apply to company since it is well settled that IT company is Industry
4. The clause 5 of appointment letter they are referring to "agreement 'at will' and termination for any reason or no reason, with or without cause." is not rational and doesn't seem to legal contract.

Kindly enlighten me with your wisdom what is my legal position and what legal remedies are at my disposal

Thanks,
Rahul

Legal Counsel Vidhikarya

Responded 6 months ago

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A.Dear Client,
Termination from employment without serving notice may be termed as illegal termination/retrenchment and amount to unfair labour practice on the part of the Employer. A contract of employment putting a clause of termination without notice or, pay in lieu of notice itself makes such a contract void and unenforceable. Without complying with the mandatory provision of Sec.25-N of I D Act, 1947, and Rules 76, and 76-A of ID(Central) Rules, 1957 and in the absence of permission of the Appropriate Authority, no employer can retrench/terminate his employee which amounted to illegal termination and unfair labour practice. Sec.25F or 25N of the I D Act that laid down the compliance of the conditions precedent to retrenchment or termination of an employee or workman who renders more than one year of service in an organization. Sec.2A(1) of the said Act states 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 and accordingly in view of the said provision of relevant law you can raise an industrial dispute over alleged illegal termination against the employer directly u/s.2A(2) of the Act either before the Central Govt. Industrial Tribunal or before the State Govt. Industrial Tribunal based on the class or sector of organization you belong to and as per sub-sec,3 of Sec.2A industrial dispute shall be made to the Labour Court or Tribunal before the expiry of three years from the date of discharge, dismissal, retrenchment or otherwise termination of service as specified in sub-section (1) of Sec.2A of the Act. So if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then in the absence of compliance of the above provision of law, after serving a legal notice to the Company, raise an industrial dispute u/s.2A of I D Act directly before the Central Govt. Industrial Tribunal or State Industrial Tribunal depending upon the class of establishment you belong claiming reinstatement in service with back wages. Apart, you can also file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues from your employer In case you need any assistance in the matter of drafting the complaint or raising a dispute under I D Act before the Industrial Tribunal you may contact our legal team with the relevant papers.
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