Action Against Non-Payment of Salary after Termination

My employer terminated me after I asked them for leave due to a medical emergency of my father. I send them all original medical reports and informed them about my father's medical condition but they didn't respond me and terminated from the services... Read More

My employer terminated me after I asked them for leave due to a medical emergency of my father. I send them all original medical reports and informed them about my father's medical condition but they didn't respond me and terminated from the services. I want to file a legal complaint against the employer as they didn't pay me any salary in lieu of termination. What does the law say about my issue?
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Answer (1)

Team Legistify

Team Legistify

  • Sector-1, Noida

A workman can be dismissed from service for proved case of misconduct against him or for being absent for long durations from duty.  Every employer has the power to hire anyone according to his needs but he cannot fire anyone at will . This is so to protect the interest of the workers from any kind of manhandling by the employer. This protection was further strengthened with the introduction of the Industrial Disputes Act, 1947.

Any dispute of termination of services of a workman is considered to be an industrial dispute according to section 2A  of the Industrial Disputes Act even if any other workman or union is not a party to the dispute.

ROLE OF STATUTORY BODIES

The statutory bodies such the Labour courts, High Courts and the Supreme court of India play an important role in imparting justice in the cases of unlawful dismissal of an employee. This is a very important role played by the courts in India which is very helpful in protecting the interests of the workers and providing them with job security. If the Courts in India had not been playing any role in the same then this would have lead to a huge injustice to the employees.

It is the duty of the Courts to interfere with the award passed by the management regarding its employee after conducting an enquiry if the same is biased and not justified. The courts from time to time have proved its worth and have protected the unlawfully dismissed employees by reinstating them and awarding them with benefits such as the payment of full back wages.

The Honourable Supreme Court in the case of Indian Iron & Steel Co. Ltd. vs Their Workmen  held that the Labour Court/Tribunal will interfere with the award given by the management:-

"(i) when there is a want of good faith

(ii) when there is victimisation or unfair labour practice

(iii) when the management has been guilty of a basic error or violation of a principle of natural justice and

(iv) when on the materials the finding is completely baseless or perverse."

Answered on 28 Sep 2018


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