Yogesh Kumar
Asked March 10, 2017

Forced to resign

  • 2 Answers
  • 390 Views

My superiors are forcing me for resignation,they have created such environment in which I cannot stay for a moment . Please tell me what I have to do next.

Answers 2

Firstly you should write to the highest employer of you company, bringing them under the circle of your trust by informing them that some dishonest activities are taking place in the office. If no action is taken then you should immediately contact Assistant or the Dy. Commissioner of labour of your zone and lodge complaints against the said superiors of your office. Make everything on paper as proof in your favor. Then file a case in the labour court. File a suit to challenge the order of termination against the company if they terminate you, which they should not once you contact the assistant commissioner. In your case of forceful and unlawful termination before the court, you can demand reinstatement of your position.

Under section 11 A[i] of Industrial Disputes Act, 1947- Labor Court Tribunal, and National Tribunal have power to give appropriate relief in case of discharge or dismissal of workmen. In the case of DEEPALI GUNDU SURWASE v. KRANTI JUNIOR ADHYAPAK MAHAVIDYALAYA AND OTHERS (Civil Appeal No. 6767 of 2013) the Supreme Court ordered reinstatement of the employee to its original position, along with his back wages, on finding out that the termination was unlawful.

 

[i] 11A. Powers of Labor Court Tribunal, and National Tribunal to give appropriate relief in case of discharge or dismissal of workmen

Where an industrial dispute relating to the discharge or dismissal of a workman has been referred to a Labor Court, Tribunal or National Tribunal for adjudication and, in the course of the adjudication proceedings, the Labor Court, Tribunal or National Tribunal, as the case may be, is satisfied that the order of discharge or dismissal was not justified, it may, by its award, set aside the order of discharge or dismissal and direct reinstatement of the workman on such terms and conditions, if any, as it thinks fit, or give such other relief to the workman including the award of any lesser punishment in lieu of discharge or dismissal as the circumstances of the case may require:

PROVIDED that in any proceeding under this section the Labor Court, Tribunal or National Tribunal, as the case may be, shall rely only on the materials on record and shall not take any fresh evidence in relation to the matter.]

Agree Comment 0 Agrees over 4 years ago

Filed the writ petition in high court for deprive of your legal rights of service

Agree Comment 0 Agrees over 4 years ago

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.