Can a company dismiss its employee of the post of Manager without giving any charge sheet / domestic inquiry on not satisfied with the work. Which forum the employee shall seek justice.
From India, Delhi
10From India, Delhi
Manager is not covered under industrial disputes act. So he cannot seek relief in any other means.
Manager designation itself will not make him as a manager. You should have proper documented proof's to substantiate his nature of job also is a manager / administration / supervision, like approving leaves for his subordinates, permission approvals, etc.,
From India, Chennai
Manager designation itself will not make him as a manager. You should have proper documented proof's to substantiate his nature of job also is a manager / administration / supervision, like approving leaves for his subordinates, permission approvals, etc.,
From India, Chennai
If someone is deemed to be a manager not by designation but by nature of post, then he will not be covered under the Industrial Disputes Act and hence he will not have any remedy from the labour courts/ industrial tribunals. Only remedy left to him is to file a writ before the Hon'ble High Court.
From India, Kolkata
From India, Kolkata
what Mr. Ritesh mentioned is correct. Even under ID Act, the person who is drawing exorbitant salary like Pilot of a aircraft is a workmen under this act. the nature of duties and responsibilities exercised by an employee is a important factor that decides him a workmen or not.
From India, New Delhi
From India, New Delhi
Mr. Arun,
The basic question arises, in which capacity you have asked this academic type of question without discussing any problem. Your question has no relevance without description of your real problem. It is not understood whether you are a manager having been dismissed or an employer who wants to dismiss his manager without any charge sheet. I wonder, if you think dismissal of an employee is a type of an action of casual nature, that is not so.
From India, Delhi
The basic question arises, in which capacity you have asked this academic type of question without discussing any problem. Your question has no relevance without description of your real problem. It is not understood whether you are a manager having been dismissed or an employer who wants to dismiss his manager without any charge sheet. I wonder, if you think dismissal of an employee is a type of an action of casual nature, that is not so.
From India, Delhi
Dear Dhingra
I asked the question in the capacity of a manager being dismissed by employer without any reason. Employer is of such nature and also practice all sort of exploitation activities against its employee. I was working as Manager HRD & Admin since 25 Sep 2015 and had verbal disputes on many issues with employer such as regularisation of casual employees, payment of wages / salary to its employee on time, practicing unlawful means of extortion of employees etc. The latest dispute was arised when our two casual staff employees working since Nov 2015 & Dec 2015 caught in a theft case in the organisation and a FIR was lodged against them by me on behalf of the organisation. Employer wanted to regularise them wef 20 May 2015 on roll and I was convincing him of the implications of that.
Though I was working as Manager HRD but there was no subordinate to me hence total work of the HRD and Administration was done by me only.
In such a situation Is I am eligible to seek any relief from any agency. My purpose of seeking relief is not included re-instate of myself but ensure the organisation don't follow the wrong practices.
From India, Delhi
I asked the question in the capacity of a manager being dismissed by employer without any reason. Employer is of such nature and also practice all sort of exploitation activities against its employee. I was working as Manager HRD & Admin since 25 Sep 2015 and had verbal disputes on many issues with employer such as regularisation of casual employees, payment of wages / salary to its employee on time, practicing unlawful means of extortion of employees etc. The latest dispute was arised when our two casual staff employees working since Nov 2015 & Dec 2015 caught in a theft case in the organisation and a FIR was lodged against them by me on behalf of the organisation. Employer wanted to regularise them wef 20 May 2015 on roll and I was convincing him of the implications of that.
Though I was working as Manager HRD but there was no subordinate to me hence total work of the HRD and Administration was done by me only.
In such a situation Is I am eligible to seek any relief from any agency. My purpose of seeking relief is not included re-instate of myself but ensure the organisation don't follow the wrong practices.
From India, Delhi
Dear Arun,
My belief is "solution is always there." But, the main documents need be examined along with other facts if taken on record, as you described here now.
So, would you like me to see your dismissal order of analysis? If you don't have any objection, you may send a scanned copy of the order through email [dcgroup1962@gmail.com ] and also intimte, which of the incidents have been taken on record of the organization, as you stated in your latest post.
From India, Delhi
My belief is "solution is always there." But, the main documents need be examined along with other facts if taken on record, as you described here now.
So, would you like me to see your dismissal order of analysis? If you don't have any objection, you may send a scanned copy of the order through email [dcgroup1962@gmail.com ] and also intimte, which of the incidents have been taken on record of the organization, as you stated in your latest post.
From India, Delhi
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