J U D G E M E N T
Facts of the case, in short, is that the suddenly on 27th June, 2014 the management of Ascent Consultancy Services, verbally declared that the complainant is no more required in this company as such he was terminated from his post without serving any notice of termination showing cause as to why the management does not need the complainant any more. Complainant submits that upon receiving such verbal intimation of termination he approached the management for disbursement of his due salary for the month of June-2014 of Rs 22, 000/- and July-2014 of Rs 22, 000/- as per the notice of appointment letter dated 09.04.2014 and also claimed further salary for the month of August 2014 of Rs 22, 000/- as the management failed to give one month notice for his termination, which the management boldly refused to pay without consulting the management of Ascent Consultancy Services and further claimed a notice of discontinuation of service to the salary for the month of June-2014 which is ridiculous to accept and further if such notice is not submitted by the complainant, then no payment shall be made from the company.
Complainant also stated that it is clear from the appointment letter, issued to the complainant that there is no provision empowering the OP member to discontinue the service of the complainant before completion of 6 months probation period unless the complainant of his own submits one month prior
Dictated and corrected Contd. …. 2/-
C. C. Case No.-628/2014
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notice for his discontinuation of his service prior to completion of 6 months period. It is also clear the reform that the OPs members are duty bound to review the performance of the complainant not before completion of minimum 6 months probation period. Thus form the OPs member appointment letter it is cleared that option for discontinuation of entitlement lies with the appointee only and not with the management in any manner.
Complainant further stated that the OPs members neither sent any information nor any sent any letter to the complaint which is the part of performance of the said contract which caused most negligent manner while dealing with the complainant in respect of said salary and accordingly the complaint shall suffer great losses and injury financially which is entitled to get compensation due to deprivation, harassment and agony by the OPs. Hence this case.
OPs contested the case by filing written version.
OPs stated that the Ld. Forum has no jurisdiction to entertain this case only the labour tribunal has the jurisdiction as because there is no relation as “consumer” in between the complainant and OPs.
OPs also stated that in respect of Para no-5 of the complain the complainant deny the same strongly and submit that prior to termination of the complainant from his job the officials of the OP No-1 concern severally asked the complainant to join his duty over telephone but almost in all occasion the complainant avoided the same on different plea and for which the OPs were ultimately compelled to terminated the complainant from his job and period of discontinuation of duty by the complainant the OPs faced irreparable loss and injury and so question of humanity do not arise on the part of the OPs.
Point for Decision:-
Whether the complainant is entitled to get any relief as prayed for?
Decision with Reasons
Complainant filed affidavit in chief. We have carefully applied our anxious thought over the matter. It appears that this dispute between the employee and employee. Complainant was only an employee under the OP No-1. OP No-1 terminates the service of the complainant. Complainant raised his grievances before this Forum. We arte of the view that this not the proper Forum where this point can be decided. This is relationship between master and servant and complainant should seek relieve in the proper Forum.
Dictated and corrected Contd. …. 3/-
C. C. Case No.-628/2014
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Hence
It is ordered,
that the complaint and same be dismissed on contest.
Parties to bear their own cost.
Let copies of the order be supplied to the parties free of cost when applied for.
Member Member President
