Dear Seniors,
I am from Delhi and I was a Manager in Administration department in an MNC at Mumbai. I was recruited in Gurgaon four years ago in a functional department and transferred in Administration at Mumbai last year. Recently, I was terminated from my employment over an issue. Now, I want to take help of law to contest my termination and redeem my honour. I spoke to few people and everyone has said that I do not fall under labour courts. My queries are as follows:
1. If not labour court, then where (legal entity) should I file my grievance?
2. Which location should be place of filing the grievance? Mumbai, Delhi or Gurgaon?
3. Under which law am I covered?
Thanks.
From India, Noida
I am from Delhi and I was a Manager in Administration department in an MNC at Mumbai. I was recruited in Gurgaon four years ago in a functional department and transferred in Administration at Mumbai last year. Recently, I was terminated from my employment over an issue. Now, I want to take help of law to contest my termination and redeem my honour. I spoke to few people and everyone has said that I do not fall under labour courts. My queries are as follows:
1. If not labour court, then where (legal entity) should I file my grievance?
2. Which location should be place of filing the grievance? Mumbai, Delhi or Gurgaon?
3. Under which law am I covered?
Thanks.
From India, Noida
Dear Nispar, Since you were employed in managerial cadre, you can not seek redress under any Labour Law. The normal alternative remedy is filing a civil suit for damages.
From India, Salem
5967From India, Salem
If you fall under the class of workmen as defined by the Industrial Disputes Act, then you will not come under the purview of the labour court/ Industrial tribunal. The designation 'manager' does not matter, what matters is your nature of job. So in order to know whether you fall under workman category or not, consult a labour lawyer with all necessary documents.
If you do not fall under the category of workman, then your legal remedy is filing a Writ petition seeking reinstatement and backwages if you are terminated illegally. However, procedure of writ is more time consuming and expensive than labour court procedure.
It is best to file the case at Gurgaon since you were terminated from that place only. However, you can avail concurrent jurisdiction of Bombay depending on the circumstances.
Check www.labourlawhub.com for more information.
From India, Kolkata
If you do not fall under the category of workman, then your legal remedy is filing a Writ petition seeking reinstatement and backwages if you are terminated illegally. However, procedure of writ is more time consuming and expensive than labour court procedure.
It is best to file the case at Gurgaon since you were terminated from that place only. However, you can avail concurrent jurisdiction of Bombay depending on the circumstances.
Check www.labourlawhub.com for more information.
From India, Kolkata
Dear Nispar99
From the view point, of illegal or non-illegal termination pardon me but I have to leave that issue to your sense.
Obviously you cannot run to union base mediation board because your are under admin level thus you may refer your case to civil case.
Other than that, the 2-Guro are right one is civil case (if you think you are illegally terminated) and the other is time consuming.
There is one thing I should add if I may. Look for a massive loopholes (statutory violation) your company had been doing or have done and wisely make a negotiation but prior to that planned it concisely as business acumen does or management tools like cause & effect to be able for you to regain honor.
Vlademir
From Philippines, Cagayan de Oro
From the view point, of illegal or non-illegal termination pardon me but I have to leave that issue to your sense.
Obviously you cannot run to union base mediation board because your are under admin level thus you may refer your case to civil case.
Other than that, the 2-Guro are right one is civil case (if you think you are illegally terminated) and the other is time consuming.
There is one thing I should add if I may. Look for a massive loopholes (statutory violation) your company had been doing or have done and wisely make a negotiation but prior to that planned it concisely as business acumen does or management tools like cause & effect to be able for you to regain honor.
Vlademir
From Philippines, Cagayan de Oro
Civil Court Mumbai will be the place to contest the termination,since you were terminated at Mumbai.
Did the company follow laid down procedure for termination-notice,chargesheet,enquiry etc or just one fine day terminated you??
Termination is to be done after following principles of natural justice which imply that you should be given opportunity to present your side
What was the issue on which you got terminated??
A good lawyer dealing with employment issues should be able to help you
From India, Pune
Did the company follow laid down procedure for termination-notice,chargesheet,enquiry etc or just one fine day terminated you??
Termination is to be done after following principles of natural justice which imply that you should be given opportunity to present your side
What was the issue on which you got terminated??
A good lawyer dealing with employment issues should be able to help you
From India, Pune
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