Labour law-II

THEME- RE COURSES AVAILABLE TO AN ILLEGALLY TERMINATED

CORPORATE EMPLOYEE
Submitted by- Supriyo Ranjan Mahapatra,BA0140066
Due to tremendous increase in workload in the corporate sector, this sector has managed to
create a huge source of employment for a lot of skilled and semi-skilled workers. These
workers are forced with a lot of constraints such as excess workload and failure to do works
leads to curtailment of costs to the company which was due to be payable to the employee
and in certain instances the employees are terminated without any proper grounds of
termination. These terminations are put forth for conciliation and mediation, on failure of
these proceedings and having no other options the employee has to knock the doors of the
courts.
The main objectives of this research are to thoroughly understand the
working condition of the corporate employee in its fullest sense, to dwell in to the concept
of the workman, Industrial Dispute under the Industrial Laws and discuss the enhanced
Judicial decisions in this regard, to critically examine the contractual relationship which
persists amongst the corporate sectors. Research questions will be of -Whether corporate
employees are considered to be workmen under the Industrial Laws? Whether rendering of
service can be a ground for consideration for a workmen? Whether the employer
scrupulously terminates his employees under the contract at his own whims and fancies?
This research is doctrinal based extensively relying on authentic secondary data and
standard texts have been widely referred exclusively for the purposes of this research laying
core emphasis on the termination of corporate employees by critically examining and
analysing it from the judicial perspective.
Bibliography
Given below is the list of major standard literature referred exclusively for the purpose of
this research:
List of Important Books referred1. Textbook on Labour and Industrial Law, Dr. H.K Saharay, Sixth Edition, Universal
Law Publishing Co. Pvt. Ltd., New Delhi, 2014
It has given deliberative explanation of the case laws and issues of workmen.

2. Industrial Relations and Labour Laws, S.C Srivasta, Sixth Edition, Vikas Publishing
House Pvt. Ltd, First Reprint ,2014.
It has explanation to the section 2(s) of the Industrial Disputes Act, 1947 .
3. The Law of Industrial Disputes, O P Malhotra, Seventh Edition, Vol. 1, Lexis Nexis
Publishing Co. Pvt. Ltd.,2015.
The recent cases are briefly explained.
4. The Law of Industrial Disputes, O P Malhotra, Seventh Edition, Vol. 2, Lexis Nexis
Publishing Co. Pvt. Ltd., 2015.
The sub-chapter on corporate employees are descriptive and analytical.
5. Industrial Law, P.L Malik, 24th Edition, Vol.1,Eastern Book Company, 2015.
The work styles of corporate employees have been mentioned.
List of Articles Referred1. Hiring and Firing in India, Jyoti Vishwakarma, Global Journal of Finance and
Management, ISSN 0975-6477 Volume 6, Number 6 (2014), pp. 523-528.
This mentions about termination of a corporate employee and the grounds an
employee has to re instated back.
2. Employees
rights
after
Job
Termination,
Available
athttp://employment.findlaw.com/losing-a-job/employee-rights-after-a-jobtermination.html, (Last accessed on-10th Aug.2016, 16.58 P.M)
This article mentions about the immediate remedies for a illegally terminated
workman.
3. Employee Relations,Tetsuro Wada, Mitsubuschi Corporation, available athttp://www.mitsubishicorp.com/jp/en/csr/library/pdf/06sr-15.pdf, (Last accessed on01st Aug.2016, 9.58 P.M)
This article mentions about the employer-employee relationship in Mitsubushi
Company.
4. The Correct Way to Terminate an Employee, Noah Green, Kelly Ryan, and Martin
Levy,
Available
athttp://www.humanresources4u.com/cms_files/original/How_to_Terminate_an_Empl
oyee1.pdf (Last accessed on-20th Aug.2016, 16.58 P.M)
This article mentions about the grounds where in an employer can be terminated.
5.

Industrial Law, P.L Malik, 24th Edition, Vol.2, Eastern Book Company, 2015.
The issues of a corporate employee are highlighted.