Dinesh Divekar
Business Mentor, Consultant And Trainer
Rkn61
Hr Manager
Bhartiya Akhil
Freelancer
KK!HR
Management Consultancy

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Anonymous
Dear Sir, Myself Deepak Kumar - Sr.Executive Operations worked in xxxxxx Pvt Ltd Chennai base Facility management company. I join the Company in March-2010. After 10 yrs 5 months working here employer has terminated me on 14th of August 2020 without any notice stating that "you have passed on our confidential business information including strategies, techniques, secrets to one of our Ex-employees and knowingly violated the principles of code of conduct, the policy of non-disclosure of confidential business information and organizations rules & regulations and your acts tantamount to grave misconduct resulting in financial and reputation loss to the company.

We hereby consider that your actions constitute serious misconduct warranting summary dismissal. You had refused to carry out a lawful and reasonable work that was consistent with your contract of employment."

Company has held my salary June, July & August-2020 along with our conveyances, Bonus, Gratuity & Leave wages saying that you have been terminated from the service you will not be entitled for Full & Final settlement.

Request you Kindly advise on the above matter.

From India, Ranchi

Attached Images
File Type: png DEEPAK KUMAR-TERMINATION ORDER.png (299.6 KB, 55 views)

Dear Deepak Kumar,

What has happened with you is unfortunate. Nevertheless, while uploading the post on this forum, you could have edited the Termination Letter by way of removing your company's logo, name, address etc. By disclosing the details of your company on the public forum, you could not have achieved anything. You have approached this forum to seek a solution. Anyway, I have converted the PDF document into PNG and edited further.

It appears that there must be compelling reasons for the company to terminate you. It is not just an ordinary termination but the company is taking revenge against you by withholding your salary for the last couple of months. However, what exactly happened that you would know better.

Does the company have material evidence of your collusion with their competitor? Why your company has taken such a drastic action against a long-serving employee like you?

The last line of the first paragraph says that "you have admitted the aforesaid misconduct of yours". Does it mean that you were issued with the "Show Cause Notice"? In response, did you admit your misconduct?

Solution: - Your company should have conducted a domestic enquiry to prove your misconduct. Secondly, whatever may be misconduct, they cannot withhold your salary for the last couple of months. Therefore, I recommend you put up the application for the pending dues. Address the letter to the MD of the company. Write in sequence all the dues pending to you. Send the letter by speed post with acknowledgement due. Preserve a record of the receipt of the letter.

If the company pays your dues then well and good otherwise the only remedy left with you is to file a civil suit. This recommendation is under the assumption that being a Senior Executive - Operations, a few employees were reporting to you. As you had subordinates, the provisions of the Industrial Dispute Act, 1947 do not apply to you and as these provisions do not apply, you cannot file a complaint to the labour office. Since you were employed in Chennai, you will have to file a suit in that city only. 

If the company had conducted the domestic enquiry and it was conducted properly then there is no point in filing a suit also.

Thanks,

Dinesh Divekar

From India, Bangalore
Dear Deepak Kumar,
This is in addition to what I have suggested above. While sending the letter to the MD, attach to your application Form 1 of Employee Gratuity Act, 1972, duly filled. You are eligible for the gratuity.
Before sending the letter, scan the the letter with all the attachments. After sending the Speed Post, scan the receipt from the post office also and send the whole thing by email to the Md. Take the printout of the email and preserve the copy.
Thanks,
Dinesh Divekar

From India, Bangalore
Thank you sir for your prompt response. I have some more quiery , we will discuss / email shortly. Regards, Deepak
From India, Ranchi
In case you have admitted the charges, then the admission will be a strong factor against you, if you choose to challenge it but the actual words used in admission has to be seen. It would be better to consult a lawyer specialised in service law with all the documents. But as regards Gratuity you can go to the Controlling Authority under the PGA (normally the Assistant Labour Commissioner) and submit application after a month of termination of service stating that gratuity has not been paid so far. Similarly you can file application for Annual leave with wages before the Labour Inspector and use his good offices. You may also mention non-payment of salary.
From India, Mumbai
Greeting Sir, In the regarding of above subject matter, I want to clear Some doubt:
1. Since date of Joining till last working I worked in Ranchi ( Jharkhand ) with reporing to Kolkata Branch of the organisation for the East Zone. ( Bihar, Jharkhand Orrisa, Chhattisgarh, Assam & WB states are under Kolkata branch - East Zone ).
2. I asked to our HR to share the Name of the person to whom i have shared what kind of confidential information of the organisation i have shared , on the basis of you have taken action against me, but we not get reply of the mail till date.
3. On Sunday 21st June-20 Our reprting Manager called me and asked me about allegation ( I don't know it was an domestic enquiry against me ) I admitted on phone call - that sir I have shared some unofficial information to that person but it was not related to our company. After about 10 minute discussion he asked me to send the mail.
He called me again & ask me to write mail again with changes " Unofficial to Official Information"
After that our salary has been held. I have sent several mail regarding my salary but not get reply from our Seniors.
Finally I got amil from HR that termination letter after 2 month with out any notice.
So please advise what can i do for getting our dues.
If dues not been cleared after writing to MD, then where I can file a compaint.

Regards,
Deepak

From India, Ranchi
Dear Deepak,
From your latest reply, it appears that neither show cause was served to you nor the enquiry was conducted. Therefore, the decision of the management is challengeable in the court of law.
Nevertheless, as stated in my previous post, the first step is sending a proper letter to the MD of the company asking for all the dues.
If you do not receive any reply or if the reply is not satisfactory, then you can go ahead with the lawsuit.
For KK!HR: - Sir, you have recommended him to approach the labour office of the city where he worked, however, with the designation of "Senior Exective - Operations" and that oo with 10.5 years of service, I doubt he can be classified as workman under the provisions of the I. D. Act, 1947.
Thanks,
Dinesh Divekar

From India, Bangalore
Dear Deepak Kumar,
You need to defend yourself and for that you need to approach good advocate as suggested by our Learned Member and Super Moderator and tell him all the things without hiding any thing to him. You need to supply all the correspondence between you and the company, without spending time.
Let the advocate decide in your case as to what to do.

From India, Mumbai
Sir, I have sent you a mail.. Please check.
From India, Ranchi
Dear Deepak Kumar,
I have gone through the email sent by you to me.
You have accepted your fault which is very grave in nature. Still you can make a fit case against your company. You fall under Payment of Wages Act. The PF deduction made by your company is on wrong assumption. What is your nature of work? To whom you report? How many sub-ordinates you have?
Give legal notice to your company through your advocate immediately.

From India, Mumbai

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