All sirs,
can you please give information that industrial dispute act 1947 is applicable to officer cadre (management) in a tower manufacturing company.
An employee joined in assistat formen and promoted to officer cadre (management) employee terminated on false base of poor performance and without statutory compliance fullfilled in 2004,labour court cancelled the case what to be done further please suggest.
Regards
r k madan
From India, Indore
can you please give information that industrial dispute act 1947 is applicable to officer cadre (management) in a tower manufacturing company.
An employee joined in assistat formen and promoted to officer cadre (management) employee terminated on false base of poor performance and without statutory compliance fullfilled in 2004,labour court cancelled the case what to be done further please suggest.
Regards
r k madan
From India, Indore
Dear Madan,
Until and unless we know the details of the judgement of labour court we may not be able to comment / suggest you. As far as the position is concerned the Officer is not a management cadre and for arriving amanagement cadre the three things need to be coplied ie., 1) is he having a power of sanctioning the leave 2) delegating the works 3) is he having the power to sign the cheques if not he is not a management cadre person.
If the mangement have substantiated his poor performance by creating pakka records ie., work allocation / obtaining the updated information on the status of work / quantum of work completed / records on training / rescheduling the work schedules / time allocation to complete the works / organizing infrastructure, manpower & support in completion of the works etc., and the data duly signed by employee then they might have submitted to the court and the witnesses. They might have also not given any increment etc for the last two years and communicated the reason behind etc are there then you have to accept the veridict. If not you can challenge in High court, pl. note that going to high court is a costly and time taking activity hence think before approaching and poceed.
Regards - kamesh
From India, Hyderabad
186Until and unless we know the details of the judgement of labour court we may not be able to comment / suggest you. As far as the position is concerned the Officer is not a management cadre and for arriving amanagement cadre the three things need to be coplied ie., 1) is he having a power of sanctioning the leave 2) delegating the works 3) is he having the power to sign the cheques if not he is not a management cadre person.
If the mangement have substantiated his poor performance by creating pakka records ie., work allocation / obtaining the updated information on the status of work / quantum of work completed / records on training / rescheduling the work schedules / time allocation to complete the works / organizing infrastructure, manpower & support in completion of the works etc., and the data duly signed by employee then they might have submitted to the court and the witnesses. They might have also not given any increment etc for the last two years and communicated the reason behind etc are there then you have to accept the veridict. If not you can challenge in High court, pl. note that going to high court is a costly and time taking activity hence think before approaching and poceed.
Regards - kamesh
From India, Hyderabad
Dear kamesh,
thanks for your valuable suggestions,on the basis of leave,promotion, recommendation only ,gate pass slip sign for some of our workman labour court has decided that my type of work is of managerial cadre.
On the basis of two subsequent years false letters for non performance therefore no salary increment is given.labour court decided poor performance.
No pakka record,only target set initially were recorded on performance sheet no review after six month and at the end of year were recorded.only letters given for poor performance,no salary increment.
I agree with your thought therefore i do not want to go to high court,i have gone to local collector office citizen forum is it right please suggest if any new way is there pls. Discuss.
Thanks
r k madan
From India, Indore
thanks for your valuable suggestions,on the basis of leave,promotion, recommendation only ,gate pass slip sign for some of our workman labour court has decided that my type of work is of managerial cadre.
On the basis of two subsequent years false letters for non performance therefore no salary increment is given.labour court decided poor performance.
No pakka record,only target set initially were recorded on performance sheet no review after six month and at the end of year were recorded.only letters given for poor performance,no salary increment.
I agree with your thought therefore i do not want to go to high court,i have gone to local collector office citizen forum is it right please suggest if any new way is there pls. Discuss.
Thanks
r k madan
From India, Indore
Dear Madan,
You are unnecessarly wasting your time. If they have not given increment in the first year there itself you would have tried outside and switched over to other company. Now I feel you should not waste your time and energy better try somewhere and take care of your career.
Regards - kamesh
From India, Hyderabad
You are unnecessarly wasting your time. If they have not given increment in the first year there itself you would have tried outside and switched over to other company. Now I feel you should not waste your time and energy better try somewhere and take care of your career.
Regards - kamesh
From India, Hyderabad
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