Termination without notice
1 month ago
My company fired me 30 min before my leaving time without giving me any sort of notice
Terminating an employee without notice is considered illegal and falls under the category of an industrial dispute as per Section 2A of the Industrial Dispute Act, 1947. Such termination also violates the mandatory provisions outlined in Sec. 25F and 25N of the Act, which specify conditions employers must adhere to before terminating or retrenching an employee. In this situation, the terminated employee, if classified as a workman under Sec. 2(s) of the Industrial Dispute Act (not holding a managerial or supervisory position), can raise an industrial dispute by directly approaching the relevant Industrial Tribunal or Labor Court for adjudication within three years from the date of termination.
If the terminated individual holds a managerial or administrative position, they should serve a legal notice to the company and then file a civil suit before the Civil Court seeking appropriate relief in the matter. The course of action depends on the employee's classification under the Industrial Dispute Act.
A.Dear Client,
Dear Client, Termination without notice amounts to illegal termination and is defined as an industrial dispute under Section 2A of the Industrial Dispute Act, 1947 which also violated the mandatory provision of Sec.25F and 25N of the Act that prescribed certain conditions to comply with by the employer before termination/retrenchment of a workman/employee from the employment. In that scenario, the terminated employee/workman can raise an industrial dispute directly before the Industrial Tribunal/Labor Court concerned for adjudication within three years from the date of termination/retrenchment. 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 after serving a legal notice to the Company, you should raise an Industrial dispute directly before the State Govt. Industrial Tribunal under Sec.2A of the I D Act. Otherwise, in case you are holding the position of Manager/Administrative Officer in the Company, you have to file a civil suit before the Civil Court seeking appropriate relief in the matter.