Not in civil court but before labor commissioner and yuor case will govern under industrial dispute act.
Case against private employer or company or organization against illegal termination
Pls help whether illegal termination by a private employer can be challenged in civil court . If so pls help with the honorable sc judgments supporting the same . Also if not in civil court pls suggest the right path and court for appeal.
Asked 5 years ago in Civil Law
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15 Answers
What is your designation in the company?
Are you a workmen ?
What are terms of your appointment ?
What basis you say say you were illegally terminated?
Kindly clarify
I was working as Chief Manager Grade , without giving me any show cause notice ,company terminated me basis : I transferred my household goods through a vendor against 73k ,paid 10+ 13 k total 23k as cash and balance 50k as NEFT. Raised the bill as per process wherein they found baggage insurance policy mutilated which was provided to me by vendor .Post termination the vendor provided the correct insurance policy from different company to me .My priority is reinstatement as with such integral allegations and termination I would not be able to find service some where else .pls suggest
Asked 5 years ago
Raised the bill as per process wherein they found baggage insurance policy mutilated which was provided to me by vendor .Post termination the vendor provided the correct insurance policy from different company to me --
WHY YOU TERMINATED FOR THIS, WHAT EFFECTING COMPANY ?
Vendor was arranged by me and the bill was claimed for reimbursements thus as per company I tried to claim the amount with wrongful means and terminated me without any notice
Asked 5 years ago
So acc. to comapny you have submitted fake bills, prove your innocence otherwise approach labor court. .
You do not fall within category of workmen
you cannot claim reinstatement
You are entitled to compensation as per terms of your appointment letter
Yes you can challenge if the termination is in violation terms of contract or company policy in vouge duly made known to employees or if the termination is done with some malicious purposes.
yes you can challenge the same in labour court. You can only file in civil court when there is bar to file the case in labour court.
Challenge before the Labour Court / Industrial Tribunal under section 2A of the ID Act.
You are entitled to Gratuity and also the Contract Labour (Regulation and Abolition) Act 1970 and the Payment of Bonus 1965 could be applicable in your case.
As far as the Court is concerned, firstly raise the issue in written with your employer and then you can approach the labor court (if you are a workmen) or civil court (if you are an employee other than a workmen).
Since you have mentioned that you are in Chief Manager Grade, your dismissal can be challenged in the civil court and the company is liable to pay you the benefits and damages/compensation also
Your employment in the private company is governed by your employment agreement. In case of wrongful termination by your company you cannot claim your job back but you can claim for compensation. You can start by sending a legal notice through a lawyer and claim for compensation. If the company fails to respond to the legal notice then you can file a civil suit for recovery of your dues and compensastion
If you are terminated using illegal means, you first issue a legal notice demanding reason for the same.
After that you can approach high court with a writ petition seeking relief and remedy.
If at all there were any complaint against you for such financial irregularities, the company should have followed due process of by conducting inquiry, giving you show cause notice and initiate disciplinary action as per rules and regulations.
Termination of employment without enquiry is illegal and arrogance besides not respecting law of the land.
You have strong grounds for filing a writ petition seeking reinstatement and other reliefs.
You may proceed with the help of a service law practicing lawyer.
Let the company give their reason before high court, you can challenge the same properly.
Yes an illegal termination by private employer can be challenged in civil court.
