Relieved me while serving notice period
4 months ago
I resigned my job and serving the notice period; but, in 2 days time, I was relieved from my duties and the separation letter appreciated my good work and wished me good luck; but I was ready to serve the notice period and asked for salary full notice period salary; employer mentioned that I was terminated; he shared some accusations on me that were totally incorrect. I was asked any explanations for those accusations. He is trying to defame me intentionally, can I take legal action against him?
A.Dear Client,
A termination of service of an employee other than a disciplinary action against proven misconduct and even without serving notice is held as illegal termination and unfair labour practice. Sec.2A(1) of the Industrial Dispute Act, 1947 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, in the prevailing situation, 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 get in touch with an Advocate experienced in service matters for the service of a legal notice to the employer and for filing an application u/s.2A of the I D Act claiming reinstatement in service with back wages before the concerned Industrial Tribunal or Labour Court including filing of an application u/s.33C(2) of the Act claiming dues from the employer. Or else an employee who belongs to the manager/supervisory category has to pursue a civil suit before a Civil Court for recovery of his/her dues from the Company. Claim application before the Labour Court should be filed within one year from the date of dues become payable to an employee. In case you need any legal assistance in this regard, you may contact our legal team for the purpose.
A termination of service of an employee other than a disciplinary action against proven misconduct and even without serving notice is held as illegal termination and unfair labour practice. Sec.2A(1) of the Industrial Dispute Act, 1947 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, in the prevailing situation, 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 get in touch with an Advocate experienced in service matters for the service of a legal notice to the employer and for filing an application u/s.2A of the I D Act claiming reinstatement in service with back wages before the concerned Industrial Tribunal or Labour Court including filing of an application u/s.33C(2) of the Act claiming dues from the employer. Or else an employee who belongs to the manager/supervisory category has to pursue a civil suit before a Civil Court for recovery of his/her dues from the Company. Claim application before the Labour Court should be filed within one year from the date of dues become payable to an employee. In case you need any legal assistance in this regard, you may contact our legal team for the purpose.
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