Legal Question in Employment Law in India

Dear sir,

I have been associated with a private organization (registered under Indian Companies Act, 1956) since April 1998 now at the level of �Assistant Manager� in Delhi/Gurgaon (India). Before joining this entity, while in continuation of service in a group company since February 1989, I was advised by the senior management to resign and join the new entity stating to be group company under the common management since the Management Director of earlier organization is the Chairman of the current one. During the tenure of my association with both the organization, I was star performer and achieved many rewards based on my achievements. But since April 2010, some seniors in the management have sidelined me, including lifting my office facilities e.g. communication and office automation facilities and forcing me sit idle in the office with a view to compel me to quit the organization. Now since I have invested the energetic and cream time of my life with the organization, can I adopt any remedial measures against this bias, discriminatory and unprofessional attitude of the senior management. Though I have been writing to the senior management about this, but in vain and my grievances are not being redressed. Finally in the first week of August 2010, I have expressed the board of directors to retire me with the retirement benefits but no response so far. I have a notice period of three months in my appointment letter. I have few questions and shall be thankful if solution is provided to an aggrieved person.

1. Is an employee working in a capacity of Assistant Manager and looking after liaison & coordination and other clerical work in a private organization, be treated as �workman� as per �Workmen Compensation Act 1923�?.

2. I have heard that in an organization if an employee is aged more than 50 years and his service length in the organization is more than 10 years, he is eligible for retirement?.

3. Is there any time limit of response from the senior management/Board of Directors? If an employee intends to the management to retire from an organization and the management does not respond to his request what is the remedy?.

4. For retirement purpose, I should take continuation of my service since April 1998 or February 1989 since the Management Director of the earlier organization is the Chairman of this organization.?

Thanks and regards,

Sincerely,

ABC

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