I was retrenched from my job in Howrah without being paid retrenchment compensation — what should I do?
MO Asked by Mohammed Khan from India
Quick Answer
Retrenchment without compensation is illegal under Section 25F of the Industrial Disputes Act, 1947, and you can raise a dispute before the labour court in Howrah.
Detailed Legal Analysis
Retrenchment without compensation is illegal under Section 25F of the Industrial Disputes Act, 1947, and you can raise a dispute before the labour court in Howrah. The employer must pay 15 days' wages per year of service and one month's notice or pay in lieu.
Disputes are adjudicated by the labour court with appeals to the Calcutta High Court under Section 2-A. Employment in West Bengal is also regulated by West Bengal Premises Tenancy Act 1997 governing the West Bengal Shops and Establishments Act.
Government permission is required for retrenchment of 100 or more workers. Approach the labour commissioner for conciliation before litigation.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.