Forceful Termination Just By Giving False Letter To Police. - CiteHR
Riteshmaity
Labour Law Advocate
Angadkari33
Manager Hr
+1 Other

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Dear Sir, I was working with NSE And BSE listed company as administration manager. Company was always doing discrimination for salary and bound. I just asked company management that they are giving salary hike and bonus to all employees so why you are not giving me. Company dint like this and ask me to resign. I told them i am working here since 8 years just i ask salary and bonus now you are pressurizing me for resignation. I totally denied for resignation so next day company submitted the letter to police and same day when i went to office they gave me termination letter?
Can company terminated anyone without reason?
Can company forcefully terminate me just giving false letter to police ?
I have file case in Mumbai labour court but not got proper response from court nor my lawyer.
How can i fight with company and win please suggest me.
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Company cannot terminate you even if a police complaint is filed. However, you have not disclosed the nature of such police complaint. Please state the nature of police complaint for better advice.
Even a police complaint is lodged, domestic enquiry is required to be done by the company before coming to a conclusion, i.e. finding you guilty of any misconduct.
Since you have already filed a case before the labour court, I assume that you are a 'workman' under the ID Act. Please follow up with your lawyer and court. Court cases do take time, so have patients.
Be careful that company may prepare false papers against you to prove that you are guilty and will submit in police station.
There are two aspects to your case; labour laws and company's intent. Most of all, do want to fight out the matter or pursue your career?
As far labour laws are concerned, no employee can be terminated even if police complaint is lodged against him or her.
If you wish to take the matter further, you may draft a letter addressed to govt labour officer of your area narrating about you & turn of events. Summary termination of service is serious act.
If company's intent is strong against you, then there could be long delay requiring your legal expenses.
You know the circumstances that you are in. Now take a call!
Shrikant Prabhudesai

Just confirm to your self what amount you wish to have form company. that will sum equal to notice period mentioned in your appoint letter plus your full and final settlement. write down the letter to company and as them to reply, keep the labour commissioner in copy, I know company will not reply, even if they reply with reason send them justification for the amount you claim. keep all copy of letter with Labour Commissioner marked, Ask a labour officer to intervene by paying him some thing. he will do the reconciliation between you and your company, but understand it you keep Govt officer happy they will make you happy. All the best
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