Sir, I work in a private limited spinning mill owned by a joint family, as a maintenance Manager, since 2008 and the service is uninterrupted till today. I am a pioneer servant of the mill and contributed to grow up the spindle capacity by double multiple. Unfortunately I went across an accident resulting bone fractures, brain hemorrhage, in mills premises , while on duty. The employer provided me treatment as per factory act, and I resumed duties after getting fitness certificate by concerned neurosurgeon.
I resumed duties after four and half months, however I didn't get the salary(partial or full)when I was bed ridden.
I rectified all the problems arose during my absence, and saved crores of rupees of the concern.
However the problems were created by one vice president who was appointed by one of the young director and one of the family member of the joint owner family.
He decided to expel me and appointed two persons in my place after the expiry of contract period of that newly appointed VP,and leaving him.
Thus he can say that he has appointed those persons to provide relief to a injured person (myself) liability, and deliberately released my day to day work.
Also he gave me two warning letters for misbehaviour and finally I was asked orally not to attend duties by Hon. chairman(who was in favour of me),till he calls me back.
I stayed at home,but sent leave letters to keep my rights on my duties. Finally after not getting response from chairman saheb, and expiry of leave period i.e after 60 days, I went to resume duties.
However the youngster director asked me to go back, and asked me that he has already filled the vacancy, and he no more wants my service.The chairman was out of station.
Also I get ctc as follows
Basic-52%+DA-13%+Other allowances -935%.
Please let me know
A) Can a nine years served ctc person be terminated orally without notice period?
B) If they terminated me with termination letter right today, how many months salary of notice period is to be paid by an employer?
and that too 1) Basic+DA or Gross salary?
C) I have not got the salary for 41/2 months bedridden condition when I injured in mills premises. If terminated I am entitled to get it ,but how much ?full or 50%? That to gross salary or only 65% Basic+DA?
D) As per payment of gratuity act I am entitled to get gratuity even after termination, am I correct?
The four and half months salary to a nine years served employee is expected. But will it be gross salary OR Basic + DA?
E) Right now I have not got termination letter, however if I get Basic plus DA only in the above three cases , to which govt. authority should I request to make revision?Becz I contacted Commissioner of EPFO ,and he asked me to go to labour commissioner. The labour commissioner is also not responding as he says that you won't comes under labour matters as you work as a manager. The union representatives are also not accommodating me as a union member.
Please tell me, to whom a CTC employee should contact if he undergo a major issue for his retirement life.