Dear Kesava Panda,
If you terminate the employees and if the terminated employees file suit against your company then your company will be respondent. Though the summons will be issued to the company, the company has to be represented by somebody. Since Managing Director (MD) is the owner of the company (in most of the cases), who should represent the company is a call that your MD will take.
Are you queasy about personal appearance in the court? If you are from HR then your company may make you a witness. Under such circumstances, your personal appearance is inevitable. Nothing wrong to stand in witness box. It is an experience in itself.
Thanks,
Dinesh Divekar
From India, Bangalore
7736If you terminate the employees and if the terminated employees file suit against your company then your company will be respondent. Though the summons will be issued to the company, the company has to be represented by somebody. Since Managing Director (MD) is the owner of the company (in most of the cases), who should represent the company is a call that your MD will take.
Are you queasy about personal appearance in the court? If you are from HR then your company may make you a witness. Under such circumstances, your personal appearance is inevitable. Nothing wrong to stand in witness box. It is an experience in itself.
Thanks,
Dinesh Divekar
From India, Bangalore
Thank you very much for the valuable suggestion. It appears my question did not touch you exactly. I needed the appropriate court from which I receive notices, in other words, which is the appropriate court to receive the petition of the aggrieved to pass summons to me for appearance?
From India, Chennai
From India, Chennai
Dear Kesava Panda,
It appears that your queries are going off the tangent to us. Considering their incomprehensibleness, it is better if you hire a practicing lawyer for a sound legal advice. Possibly it may come with price but it will end protractedness of the thread resulting out of insinuations in your queries. After all public forums are for replying queries on exoteric subjects and not esoteric ones!
This will be the last post on this thread at least from my side.
Thanks,
Dinesh Divekar
From India, Bangalore
It appears that your queries are going off the tangent to us. Considering their incomprehensibleness, it is better if you hire a practicing lawyer for a sound legal advice. Possibly it may come with price but it will end protractedness of the thread resulting out of insinuations in your queries. After all public forums are for replying queries on exoteric subjects and not esoteric ones!
This will be the last post on this thread at least from my side.
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Panda
Ld Forum Members have thrown light on your query very well and I appreciate. I further note that you want to terminate the persons in a way so that there is no challenge of your termination order and if challenged, same should succeed the test of law. If my understanding is right, then I wish to inform you as under:
1. It is your saying that they are not workmen. But no guarantee of law. There is one Apex Court Judgement (Presently I do not remember) in which 4 to 5 tests of workman are given. If a person proves any one test, he would come under the purview of workman.All it depends upon the evidence with him.
2. Civil Courts of your area have the jurisdiction to try the dispute. Employee can challenge his termination order before civil court on various grounds which are bad in law, violates terms of appointment and Standing Orders etc.
Thanks
From India, Panipat
Ld Forum Members have thrown light on your query very well and I appreciate. I further note that you want to terminate the persons in a way so that there is no challenge of your termination order and if challenged, same should succeed the test of law. If my understanding is right, then I wish to inform you as under:
1. It is your saying that they are not workmen. But no guarantee of law. There is one Apex Court Judgement (Presently I do not remember) in which 4 to 5 tests of workman are given. If a person proves any one test, he would come under the purview of workman.All it depends upon the evidence with him.
2. Civil Courts of your area have the jurisdiction to try the dispute. Employee can challenge his termination order before civil court on various grounds which are bad in law, violates terms of appointment and Standing Orders etc.
Thanks
From India, Panipat
Thank you very much for all who have participated in it. I now advise the aggrieved to take recourse to my action by consulting a suitable lawyer of a civil court if he is not satisfied with the procedure I followed in termination on the grounds of losing confidence of the management.
From India, Chennai
From India, Chennai
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20200320_Adviso ry MinistryOfLabou r-Not To Terminate-Emplo yeesOrReduceWag es.pdf