Legal Question in Employment Law in India

I have been working in a limited company for the past 22 years as assistant without any promotion. Recently the company was closed and workmen were offered retrenchment compensation which was rejected by the workers and the matter is in the labour court.

I am working in the branch office of the company and 2 of my seniors who are retired are in extended service. The question can the company target me for retrenchement leaving the w seniors staff. Can I dispute the management decision on humanitarian grounds since the management can try the other option of sending the retired employees and retaining me.


Asked on 9/06/13, 3:18 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

06.09.2013

Dear Sir / Madam,

If the Company has permanently closed down, if at all you are retrenched, it is advisable to accept the retrenchment compensation with ex-gratia settlement, as going to the labour Court will only elongate the matter and may not yield any fruitful results. You may point out to the Management that extending the service of those already retired and deliberately retrenching those who have a few years service remaining, is unfair and against the principles of natural justice, but you should do it if and only if you are retrenched and not otherwise.

Regards,

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Answered on 9/06/13, 9:36 am


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