Regional manager forcefully terminates without any reason

639 votes

You can file a case against the pharmaceutical company before your nearest Industrial Tribunal constituted under the Industrial Disputes Act, 1947, seeking a direction to the Company that your services as a regional manager should not be interfered with, wherein you should state your excellent service record and the fact that no opportunity of hearing has been provided to you before your removal and as such the action of the Company is stigmatic and arbitrary. I am hopeful that the Tribunal will give you the desired relief, but in case later if you are not satisfied by the order of the Tribunal, then you can approach the High court by means of a writ petition

Advocate Mehul Khare LawRato

560 votes

You have only remedy to approach a labor court. Nothing else and you may approach to high court also but chances of remedy are very less. But it is certain that if you approach labour you may get relief.

LawRato LawRato

999 votes

do not resign from the company. it will be in your interest. you already sent mail to higher authorities then it is advisable to wait for their response for 3 4 days.
if they forcefully try to expel you then you will have option to file a case against them before the Civil Court of your area.

Advocate Vijyant Nigam LawRato

764 votes

you can easily file a claim application for illegal termination of your job before the assistant labour commissioner, and this termination was illegal, null and void as it was brought about in violation of Section 6(i), 6(n), 6(p), 6(q) of the U.P. Industrial Dispute Act, 1947.

Advocate Mohit Dhingra LawRato

589 votes

Generaly it depends upon the agreement, if agreement confers discretion power upon the management to terminate or not terminate then it can be done but still i would say that this discretion cannot be exercised or permitted to be exercised capriciously. The discretion has to be based on an objective consideration of all the circumstances and materials which may be available on record. The basis principle of service law is that the employee against whom action on the basis agreement is proposed to be taken must be given opportunity of hearing, if not then it can be challenged in the court of law.

Advocate Nishant Singh LawRato