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Indian Law/Am i eligible to file my case in Labour Court?


QUESTION: I was appointed in a company( Incorporated under The Companies Act, 1956 (No. 1 of 1956 ) from Registrar of Companies,Punjab) as a Depot Incharge in September December 2011 i was posted as a Depot Incharge in Bareilly depot of company. last year in September 2012 company demoted me and i was transferred to Kanpur depot from Bareilly. i joined at Kanpur depot but after joining they called me back to head office and then send back me they are not giving me any posting at any depot. i called in head office and they said you are not an employee of the company. they didn't given me any notice of termination. i have my pending salary and provident fund on the company. the company is threatening me also. can i file a case in labour court? please give advice sir and please tell me the sections and acts also to file the case.
I will be very thankful to you sir.

ANSWER: The services of a permanent employee cannot be abruptly terminated without first giving him an opportunity to defend.The Management has to hold a formal inquiry prior to terminate the services of such an employee.Moreover, demoting an employee is also a kind of major punishment.They cannot also do it, unless you have been found guilty in a departmental proceedings.They have also no right to withhold your salaries.You should  serve a very strong legal notice threatening to take suitable legal actions against them,if you are not reinstated immediately with full back wages.However, it is fully within the discretion of the employer to change shift in duties as well as place of posting.
Please take above actions in consultation with a lawyer.Apparently you have a very very strong case in the matter.Meanwhile,please also make a written complaint to the Labour Secy. of your state with a copy to the C.M. You may also make a complaint to the Human Rights Commission.

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QUESTION: Can i file my case in District Labour Court along with your suggestions.

Please file a writ before the High Court since it is a violation of fundamental right.That will be more economical and faster.For such type of cases,decision takes place quickly.If you file it before the lower court, then employer will again file appeal before the higher court and the process will continue for a long time.Moreover,High Court's decision will carry more weightage.
Please take all action in consultation with a lawyer.

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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