Rajiv Trivedi
Asked March 22, 2017

Termination of employment: Legal action

  • 1 Answer
  • 682 Views

Does An Employer have rights to terminate my job after 8 years continue service ? Do I possess legal rights to challenge them ?

Answer 1

After carefully evaluating the facts provided, I would like to answer this question by referring to the Industrial Disputes Act, 1947. The Act lays down the definition of a workman/employee under Section 2(s). Section 2A further states about the dismissal of a workman giving rise to any dispute or difference connected with such dismissal would be considered as an industrial dispute. Here, the dismissed workman has the right to make an application to the Labour or Tribunal for adjudication of the dispute referred to in the application after the expiry of forty-five/45 days from the date he has made the application to the Conciliation Officer of the appropriate government for conciliation[1]. Also, it is important to note that such application must be before the expiry of three/3 years from the date of your dismissal[2].

 

[1] Section 2A (2) Industrial Disputes Act, 1947

[2] Section 2A (3) Industrial Disputes Act, 1947

Agree Comment 0 Agrees over 3 years ago

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