I was employee of reputed organization. The company wrongfully involve me in a case to get infidelity insurance but hornable court gave decision infavour me and discharged from the case. During processing I was suspended by the company .
Now company has terminated me without any laid down following produces for inquiry and no payment made to me for suspension period.
Due to this i am big problem and don't get any job.
I would like to know that it’s lawful or not and what I can do against the company.
Please help me.
Regards
RKS
From India, Jaipur
Now company has terminated me without any laid down following produces for inquiry and no payment made to me for suspension period.
Due to this i am big problem and don't get any job.
I would like to know that it’s lawful or not and what I can do against the company.
Please help me.
Regards
RKS
From India, Jaipur
Dear RKS,
1. Has the company provided the suspension letter to you?
2. Has the company provided the Termination letter to you?
First check this, later take the copy of the judgement in which you were proved to be innocent. Register a case aganist your employer. Rest will be done by the Labout Authorities. Also consult some Advocates ( Mainly CPI & CPM, or approach any labour association). Foward a Vakil Notice to your company stating all problems and injustice done to due and ask for reimbusement and Job retrival.
Automatically they will come to you. Please do this. Also mind that Labour court is always in favour of Employee. You will get the justice and the reimbursement both.
For suspension and termination there are procedures, no one cany simply terminate you from Job. So go Ahead and do not worry. We all are with you.
Regards,
SIDMAN
From India, Madras
21. Has the company provided the suspension letter to you?
2. Has the company provided the Termination letter to you?
First check this, later take the copy of the judgement in which you were proved to be innocent. Register a case aganist your employer. Rest will be done by the Labout Authorities. Also consult some Advocates ( Mainly CPI & CPM, or approach any labour association). Foward a Vakil Notice to your company stating all problems and injustice done to due and ask for reimbusement and Job retrival.
Automatically they will come to you. Please do this. Also mind that Labour court is always in favour of Employee. You will get the justice and the reimbursement both.
For suspension and termination there are procedures, no one cany simply terminate you from Job. So go Ahead and do not worry. We all are with you.
Regards,
SIDMAN
From India, Madras
Dear Sir,
Yes I received the suspension and termination letters, both were sent to my permanent home address by registered post.
My suspension period was from Nov-2008 to June -2010 (Approx-20 Months). During suspension no inquiry, no substance allowance and no final settlement made.
I sent so many letters to company with judgment of hornable court and simple request but no reply given from them.
I approached a Labour vakil and told every thing with documents. He told that lawsuit will be filed at last posting place which is 700 Km away from my residence.
Could I file case in labour court at my home place, which is different state , if yes on what base?
Could I file a defamation case against company?
Regards
RKS
From India, Jaipur
Yes I received the suspension and termination letters, both were sent to my permanent home address by registered post.
My suspension period was from Nov-2008 to June -2010 (Approx-20 Months). During suspension no inquiry, no substance allowance and no final settlement made.
I sent so many letters to company with judgment of hornable court and simple request but no reply given from them.
I approached a Labour vakil and told every thing with documents. He told that lawsuit will be filed at last posting place which is 700 Km away from my residence.
Could I file case in labour court at my home place, which is different state , if yes on what base?
Could I file a defamation case against company?
Regards
RKS
From India, Jaipur
Greetings of the Day!!!
I have a small query, and request the respected seniors to help me with the matter.
What kind of of action i can take against the company ?
Suspension and termination letters have been received to me .
The management of company is not doing justifiable with me .
They didn't pay a signal rupees during suspension and after termination from the service of organization.
I have written so many times to them but didn't get signal reply from their side.
I am in big trabble and not getting job to survive .
Please held me .
Thanks & Regards
RKS
Dear Sidman Sir,
I would like to know the full from of CPI & CPM, advocate.
Regards
RKS
From India, Jaipur
I have a small query, and request the respected seniors to help me with the matter.
What kind of of action i can take against the company ?
Suspension and termination letters have been received to me .
The management of company is not doing justifiable with me .
They didn't pay a signal rupees during suspension and after termination from the service of organization.
I have written so many times to them but didn't get signal reply from their side.
I am in big trabble and not getting job to survive .
Please held me .
Thanks & Regards
RKS
Dear Sidman Sir,
I would like to know the full from of CPI & CPM, advocate.
Regards
RKS
From India, Jaipur
You have stated that you are employed in a reputed company. Then the compnay should have framed procedures of suspension, subsistence allowance payable, procedure for imposing punishments, etc. Hence, it is necessary that you have to go through the standing orders/rules/regulations carefully and seek redressal from the company under the said rules.
It is not known the status of your employment with your company. Are you a workman or a supervisory staff in terms of teh Industrial Disputes Act. If you are a workman under ID Act, you can prefer a complaint to the jurisdictional labour authorities. The labour authorities will treat it as a dispute and initiate conciliatory proceedings. The Labour authority has power to summon the Company authorities. If no reconciliation happens at the Labour Authority forum, the matter would be referred to the Labour Court.
You may seek assistance of any labour lawyer near your place.
If you are a supervisory staff, you have no recourse to labour court. Then your position will be in relation to the contract of employment. You have to file a writ petition with the Court.
Unless otherwise mentioned in the contract of employment regarding jurisdiction of the court, the case has to be filed at the jurisdictional court where cause of action has arisen. Since you were terminated from the service at the last place of your posting, the case has to be filed at the jurisdictional court. You may engage a lawyer to present your case. Your personal presence is not necessary always. You can follow up with your lawyer. Only at the stage of evidence, your personal presence may be necessary.
So, please find a labour lawyer and proceed.
Wish you all the best.
From India, Bangalore
It is not known the status of your employment with your company. Are you a workman or a supervisory staff in terms of teh Industrial Disputes Act. If you are a workman under ID Act, you can prefer a complaint to the jurisdictional labour authorities. The labour authorities will treat it as a dispute and initiate conciliatory proceedings. The Labour authority has power to summon the Company authorities. If no reconciliation happens at the Labour Authority forum, the matter would be referred to the Labour Court.
You may seek assistance of any labour lawyer near your place.
If you are a supervisory staff, you have no recourse to labour court. Then your position will be in relation to the contract of employment. You have to file a writ petition with the Court.
Unless otherwise mentioned in the contract of employment regarding jurisdiction of the court, the case has to be filed at the jurisdictional court where cause of action has arisen. Since you were terminated from the service at the last place of your posting, the case has to be filed at the jurisdictional court. You may engage a lawyer to present your case. Your personal presence is not necessary always. You can follow up with your lawyer. Only at the stage of evidence, your personal presence may be necessary.
So, please find a labour lawyer and proceed.
Wish you all the best.
From India, Bangalore
Respected Sir,
I have contacted to Labour lawyer and he gave advise to file two cases are follows-
1. In 2 (A)
2. in 33 (C)-2 it will be at last posting palace.
would i go through the advised ?
I would like to tell some thing about my case for bater advised from you .
1.My designation was Associate manager but didn't have power to leave grant and appointment of any employee.
2.A fraud occurred in company godown out of my posting state.
3. The company had not way to claim insurance. therefore the management decided to claim Infidelity Guarantee Insurance.
They were required four persons to meet loss amount so involve me in the case on base of my signal visit at godown done before two month.
4. The company lodged a FIR against four employees. i filed a writ petition against FIR and won.
5. The contact of service is not mentioned in my appointment letter. how company can prove that my service goes under contract of service.
Please advice what action may take against company further.
Regard
RKS
From India, Jaipur
I have contacted to Labour lawyer and he gave advise to file two cases are follows-
1. In 2 (A)
2. in 33 (C)-2 it will be at last posting palace.
would i go through the advised ?
I would like to tell some thing about my case for bater advised from you .
1.My designation was Associate manager but didn't have power to leave grant and appointment of any employee.
2.A fraud occurred in company godown out of my posting state.
3. The company had not way to claim insurance. therefore the management decided to claim Infidelity Guarantee Insurance.
They were required four persons to meet loss amount so involve me in the case on base of my signal visit at godown done before two month.
4. The company lodged a FIR against four employees. i filed a writ petition against FIR and won.
5. The contact of service is not mentioned in my appointment letter. how company can prove that my service goes under contract of service.
Please advice what action may take against company further.
Regard
RKS
From India, Jaipur
Going by the designation Assistant Manager it may be presumed that you are a supervisory staff though you may not have been given the powers to sanction leave. The question were you assigned to oversee the work placed under you.
However, it is noted that the labour lawyer has advised to file a petition under Industrial Disputes Act. It presupposes that you are a workman or supervisor comming under the defintion in the industrial disputes act.
Your service conditions are governed by the standing orders of your company. However, whether there is standing order or not your company cannot terminate you without adhering to the due process of inquiry. Hence your termination is illegal. The labour lawyer has rightly advised you in this regard.
Please follow his advise and file petition under ID Act. A conciliation would be raised by the labour authorities. Your management would have to justify its action with the labour authorities. Ultimately, the matter may be referred to Labour Court for adjudication.
You need perserverence. Fight for justice would be long drawn. I wish you all the best in your justified struggle!
From India, Bangalore
However, it is noted that the labour lawyer has advised to file a petition under Industrial Disputes Act. It presupposes that you are a workman or supervisor comming under the defintion in the industrial disputes act.
Your service conditions are governed by the standing orders of your company. However, whether there is standing order or not your company cannot terminate you without adhering to the due process of inquiry. Hence your termination is illegal. The labour lawyer has rightly advised you in this regard.
Please follow his advise and file petition under ID Act. A conciliation would be raised by the labour authorities. Your management would have to justify its action with the labour authorities. Ultimately, the matter may be referred to Labour Court for adjudication.
You need perserverence. Fight for justice would be long drawn. I wish you all the best in your justified struggle!
From India, Bangalore
Dear Sir,
Thank you so much for your valuable advise and encouragement.
let you know further proceeding and want to have your valuable advise.
Could you please give your personal mail ID ?
Regards
Rakesh
From India, Jaipur
Thank you so much for your valuable advise and encouragement.
let you know further proceeding and want to have your valuable advise.
Could you please give your personal mail ID ?
Regards
Rakesh
From India, Jaipur
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