rao170215
1

Consultant
Respected Seniors, I need your valuable advise on the below issue.
One of my friend who was in Senior Manager position was terminated by the company by mentioning false allegations. There was no inquiry conducted (the company says they have done it so) and no opportunity of being heard was given. Absolutely there is no proof with the company about any fraud done. The company has so far failed to provide any sort of evidence.
1. How to deal with this issue.
2. The ex employees of the company knows how genuine is my friend. If my friend gets an offer from future employers, he wants to refer his ex employees about his genuiness and want to show the termination letter on good grounds. Is it advisable?
3. Would it be advisable to approach the Labour Commissioner?
4. Will the prospective employer accepts the case?
Need your advise at the soonest please.
Thank you very much for your time.

From India, New Delhi
Mahr
468

Head - Human Resources
Hi Rao, Need some clarity on the episode. Is there a termination letter issued? Please PM me.
From India, Bangalore
rao170215
1

Consultant
Hi MAHR, yes the termination letter has been issued.
Moreover, they have lodged a complaint with the Police, but the police have not accepted the complaint. They even tried to lodge a private compliant in the criminal court. The court too has not accepted the complaint.
Let me know if you need any further information.
Thank you,

From India, New Delhi
rao170215
1

Consultant
Hi Nath Rao,
its Financial allegations. Not proved. My friend has got copy of the termination letter. Has not got any complaint letters.
Can you please advise on whether he can mention this to the prospective employer as hiding will have impact at a later stage.
Thank you,

From India, New Delhi
nathrao
3053

Insolvency n GST Professional
Rao.
This is a call which your friend may have to take.
Informing prospective employer can have two impacts-either they take an understanding view and appreciate that employee is not hiding anything or they can be neutral saying we do not know facts from both sides.
I would bring it to the notice of prospective employer at initial stage itself and accept the outcome of mentioning this problem.

From India, Pune
rao170215
1

Consultant
Hi Nath Rao,
thank you very much. My friend has already sent a legal notice and is in the process of pursuing a defamation suit. Also, would it be right idea to approach the Labour Commissioner?. Also, the company is making a false propaganda saying that they have filed a criminal complaint against my friend (none of them are facts) Can he pursue on more legal case here?
Once again thank you very much for your valuable time and advise.
Regards,

From India, New Delhi
arunmjadhav
189

Assistant Manager-HRD
Mr,Rao
First this is he is not a workmen under industrial dispute act.
Secondly can approach to Assistant labor commissioner but the labor commissioner will not give much interest in it because its not a workmen case,
Even if assistant commissioner of labor shown interest in the case and tried to bring the settlement between two parties, and if the settlement didn't worked he will send failure report to the sachiv of that department, the Sachiv will refer the case to to labor court but case will not stand in the court because he is not a workmen under ID act
He has following ways..............
He can go to civil court and file a complaint
He should leave the company where he is unwanted now
Experts please correct me if I am wrong

From India, Hyderabad
ompoddar
12

Unemployed, Dismissed Under Writ (C) 90 of 2016 by Supreme Court of India
Dear Colleague,

Agitate against this cause of action before Hon'ble Supreme Court of India invoking its jurisdiction under Article 32 of Constitution of India to enforce the Article 39 of Constitution of India in the form of PIL (Public Interest Litigation).

Do not waste your time? Don't look for here and there? All are waste of time. Hit the right place at right time to bring about substantial change.

I am alone fighting with with cause of action. The remedy is PIL (Public Interest Litigation) before Supreme Court of India to bring a specific legislation which governs the employment and working conditions of white color workers.

This is happening across India because, as of now, under the Indian legal regime, there is no specific legislation which governs the employment of white-collar workers. Primarily, none of the labour laws apply to them and their service conditions are governed by the respective employment contracts which contain all terms and conditions governing the employment. In the absence of any specific statue or principles governing employment of white-collar workers except the basic provisions applicable under the Indian Contract Act, 1872 and judicial precedents, regarding the legality and sanctity of the contractual termination provisions.

I have filed a suit against Indian Drugs Pharmaceuticals Ltd, Department of Pharmaceuticals, Ministry of Chemicals & Fertilizers, Government of India in Patiala House court vide case no CS-201/2015 before SCJ, Kiran Gupta but I am taking the plaint return after 6 months to file before Supreme Court of India in Writ for invoking Jurisdiction under Article 32 of Constitution of India.

Stay fighting for generations.........................

From India, Delhi
As a senior manager, he cannot move the Labour Court as he was not a workman as per the ID Act. the best option is move to the High court with the termination letter stating that the principles of natural justice was not followed. By all means, he may get stay order.
From India, Hyderabad
ompoddar
12

Unemployed, Dismissed Under Writ (C) 90 of 2016 by Supreme Court of India
Dear friend,

Agitate against this cause of action before Hon'ble Supreme Court of India invoking its jurisdiction under Article 32 of Constitution of India to enforce the Article 39 of Constitution of India in the form of PIL (Public Interest Litigation).

Do not waste your time? Don't look for here and there? All are waste of time. Hit the right place at right time to bring about substantial change.

However, you can go to High court in writ form because your fundamental right have been infringed, there is a violation of principle of natural justice. But the permanent remedy is PIL (Public Interest Litigation) before Supreme Court of India to bring a specific legislation which governs the employment and working conditions of white color workers.

This is happening across India because, as of now, under the Indian legal regime, there is no specific legislation which governs the employment of white-collar workers. Primarily, none of the labour laws apply to them and their service conditions are governed by the respective employment contracts which contain all terms and conditions governing the employment. In the absence of any specific statue or principles governing employment of white-collar workers except the basic provisions applicable under the Indian Contract Act, 1872 and judicial precedents, regarding the legality and sanctity of the contractual termination provisions.

I have filed a suit against Indian Drugs Pharmaceuticals Ltd, Department of Pharmaceuticals, Ministry of Chemicals & Fertilizers, Government of India in Patiala House court vide case no CS-201/2015 before SCJ, Kiran Gupta but I am taking the plaint return after 6 months to file before Supreme Court of India in Writ form invoking Jurisdiction under Article 32 of Constitution of India.

Stay fighting for generations...

From India, Delhi

This discussion thread is old and is closed for new comments. If you want to continue this discussion or have a follow up question, please post a new thread. Add the url of this thread if you want to cite this discussion.






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2021 Cite.Co™