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Dear all,
How much it is legal to terminate an employee without any notice, domestic enquiry & show cause under the clause in appointment letter \" If at any time in the opinion of the Company, which is final in this matter, you are insolvent or found guilty of dishonesty, disobedience, disorderly behavior, negligence, indiscipline, absent from duty without prior permission, committing a breach of any of the terms, conditions & stipulations herein contained and on your part to be observed and performed or in violation of one or more terms of this letter, or any other conduct considered by the company detrimental to its interest, your services are liable to be terminated forthwith, without any notice/salary in lieu of notice period, without prejudice to any other action,rights or remedies available at law.\"
How can it be challenged in court my Manager(not workmen).

From India, Mumbai
Dear Adhi
-my humble presence is the text of clause itself is void & does not abide to law.
-therefore it will be illegitimate termination without any notice, enquiry, though such clause defines in
appointment letter.
-Issue show cause notice. Obtain written statement. Constitute committee. Conduct enquiry. If found
irregular, draft the proceedings. then dismiss by serving termination order, else you can be sued & the
co., has to compensate along with interest, arrears, etc.,
Note (Kindly rephrase the clause, as the existing is void).

From India, Chennai
Dear Manoj,
Thanks lot for sharing your expert advice. If possible please help me with rephrase legitimate clause.
If the existing clause will be challenged in the Civil Court then how can it be proved as Void & Illegitimate.
Warm Regards
Tarun Adhikari

From India, Mumbai
Tarun Welcome. Rephrasing the clauses requires deep go thru of entire employment policy & demands research. As its a big work, this comes under consulting which is chargeable formally.
From India, Chennai
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