Legal Question in Business Law in India

employer vs employee

I had joined a company last year in Delhi when this company was just shutting down its shop. I managed all the show and today company is growing. We were two key players in the company. I had earlier resigned from the company this year in March and another collegue had resigned in May because CEO who also happens to be the owner of the company was going against what he had promised us. He assured us that everything will be ok in 3-4 months so persuaded both of us to stay back for sometime and promised us entrepreneurship within the company and had asked to do the groundwork for the same.

We did so but because of some dirty people he terminated us. (page 1 0f 2)


Asked on 8/15/07, 10:03 am

2 Answers from Attorneys
G. M. Gupta gmguptaandassociates

Re: employer vs employee

its better to contact in person

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Answered on 8/17/07, 4:27 am
Daya Krishan Sharma D.K.Sharma & Co.(Advocates, Supreme Court)

Re: employer vs employee

Hallo Sir,

You have played major role in the establishment and upliftment of the company and consequently you have a legal reight for the fruits of your labour and efforts. The CEO of the Company who happens to be the owner also has no legal right to terminate your services without following the well established rules and procedure. Under the provisions of the Indusrial Disputes Act, 1947 no employer, CEO or owner can terminate the services of the employer or subordinates without following the statutory provisions contained therein. Section 25 of the Act deals with the procedure of retrenchment. No one has a right to hire and fire. Thus there is nothing to worry. We can further help you through Lawguru, if you come out with further details of employment, terms and conditions of employment, the letter of appointment if any or any other understanding agreement between you and the employer.

good luck

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Answered on 8/16/07, 4:35 am


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