LawRato

No notice period given by employer for termination is it legal


23-Apr-2023 (In Labour & Service Law)
I was working as a assistant manger I automobile industry from last 6 year .my employer dispense my service without giving any notice . employer is offering only 3 Months basic salary as per appointment letter terms .what I can do please help me.
Answers (3)

Answer #1
809 votes
YOU MAY RAISE A DISPUTE UNDER THE PROVISIONS OF INDUSTRIAL DISPUTE ACT ON THE GROUND THAT IT IS VOILATIVE OF PRINCIPAL OF NATURAL JUSTICE. THE ACTION OF TERMINATING THE SERVICE ARBITRARY, CAPRICIOUS, COLOURABLE EXERCISE OF POWER, MALAFIDE AND NOT SUSTAINABLE IN LAW.
Answer #2
676 votes
You can file a application for reinstatement on the service under section 10 of industrial disputes act before labour court, if you will succeed in your case the employer will be duty bound to reinstated you in the service, for that you will have to plead that you are a employee who is working 240 days or more in one calendar year and employee dispensed you without giving any notice and without following the basic provision of the industrial disputes act for dispense any employee which has been defined under section 25 f,g,h of industrial disputes act.
Answer #3
816 votes
You can give a legal notice to your organisation asking the reason of dispense from the job and same can be reported to labour commissioner office also.you must be aware about the terms and condition u undesigned during joining

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."