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Dear Member,

One my friend was terminated by his company the reason was only one lady in his office maked fales allegation on him and logged a FIR in police station so in that case my frind was more than 25 days in judicial custudy after that my friend got the bail from local court because he was inocent and there is no supportade proff and now also got the stey on his matter from High court.

So now my question is

1) Can a company can terminate his employee in only base on fales allegations?.

2) Can he challange his service matter in any court and also can claim the back wages and loss?.

3) Can he claim his job on basis of High court stay or can only claim after case finish?.

4) is there any cloused? as his HR saying that if any employee is more that 72 hours in judicial custudy than not elligiable for his job (as he working in a pvt ltd Bank as a opration head)

5) From HR point of the view if he proved by court that he is inocent than what his right to related to his job.

So request you to please provide your feedback. and beleve my friend is really inocent he never can do such thing he alwayes helpfull person and now he in truble. so beaing my frinend i think its my duty because he is worried about his job also.


Basant Kumar

From India
If there is a company policy that if an employee is under judicial custody for more than 72 hours will be terminated, then the employee can be terminated on such clause as the bank will not stop their operation till the final verdict has come and in some cases the judgment takes its own due course of time. This clause are seen in almost most of the companies because the complainant has complained at Police station and not to the employer/HR of the bank so it does not comes under the jurisdiction of the employer to judge the employee whether he/she is innocent. Further no establishment will prefer that the police do their enquiry at their premises which may hamper their day to day activities
The employee can file a legal case against the complainant for all the damages/defamation etc.
This is only my view, let seniors also give their opinions.

From India, Ahmadabad
MGNREGA 2012-13 misuse of found social audit report MIS upload mean reason sir Bidar District all 175 Gram Panchayt misuse of found this i hv given social audit report and MIS upload only my taluka Humnabad 33 Gram Panchayt

attar 4 taluka social audit report MIS upload nil sir 4 taluka social audit co-ordnetor job safe sir

sir i hv completed 33 gps social audit grama sabhas in that my team found that Rs.22,000 to 30,000 spend for printing of jobcards in each GP's which was misuse of found this i hv given social audit report and MIS upload each GP's Rs.22,000 to 30,000 calect in Mr.Bhimshen Goudour Zila Panchayt Deputy secretary Bidar and taluka panchayt Humnabad mr.kiran patil mgnrega section worker Taluka Panchayt Humnabad with mr devadas district social audit co-ordnetor the mean reason Mr.M Moudgil Mgnrega Dairectar karnataka in sent in bidar zila Panchayt reference latter but Zila Panchayt bidar section worker and district social audit co-ordnetor tear later sir and 23 months without salary work sir And my position is very critical position and very serious condition and soonly recover my job and my 23 month salary thanking you sir yours faithfully

Vidyasagar Bhalke

R% Gadgi Tq & district Bidar call 9844783536

From India, Bellary

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