Dear All, Your valuable suggestions required.
One of the factories established in Delhi less than 15 workers. Two workmans fought with each other in factory premises and beat each other badly. Both workers had given in written their own clarifications to the management. On disciplinary grounds one worker was terminated and another one is transferred to factory another unit under same ownership established in Bahadurgarh (Haryana) that is 12 km from the current factory with current salary and conveyance extra shall be bear by factory. (in his letter of appointment transferred clause is clearly mentioned).
The workman who was terminated is out of reach and another one who was transferred has filed a complaint against factory in Labour Department that he is terminated under factory conspiracy and he is not ready to work in another unit. He was a helper/unskilled but he has showed as skilled labour (Helper is mentioned in appointment letter & Job Application form at the time of joining). Now three dates has been attended by management in labour department.
The worker had been working since 12 years. Factory management is ready to pay his full and final as Gratuity etc. but not ready to pay compensation and one month notice pay and the matter is not being solved due to compensation and one month notice pay. Please tell what shall be the consequences if case is transferred to district court and please advice what should be done now.
Regards,
Ratnesh Kumar Rai
From India, New Delhi
1One of the factories established in Delhi less than 15 workers. Two workmans fought with each other in factory premises and beat each other badly. Both workers had given in written their own clarifications to the management. On disciplinary grounds one worker was terminated and another one is transferred to factory another unit under same ownership established in Bahadurgarh (Haryana) that is 12 km from the current factory with current salary and conveyance extra shall be bear by factory. (in his letter of appointment transferred clause is clearly mentioned).
The workman who was terminated is out of reach and another one who was transferred has filed a complaint against factory in Labour Department that he is terminated under factory conspiracy and he is not ready to work in another unit. He was a helper/unskilled but he has showed as skilled labour (Helper is mentioned in appointment letter & Job Application form at the time of joining). Now three dates has been attended by management in labour department.
The worker had been working since 12 years. Factory management is ready to pay his full and final as Gratuity etc. but not ready to pay compensation and one month notice pay and the matter is not being solved due to compensation and one month notice pay. Please tell what shall be the consequences if case is transferred to district court and please advice what should be done now.
Regards,
Ratnesh Kumar Rai
From India, New Delhi
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