I was arrested against an FIR and was in JC for 75 days. The moment I got bail, I contacted my employer and came to know that I was terminated after first 25 days citing the fact that I absconded the services voluntarily. I contacted the HR to reverse the decision but they are not ready to take any steps. Is this not unlawful termination as I was arrested and I had no way to contact or update my employer? In addition to this can I take this matter to Court for justice? Please guide.
From India
From India
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
First of all, did the information of your being arrested go to the employer directly or indirectly, then did you apply for leave till you are back. Further, is there any rule of the organisation presuming abandonment of service or termination of service in case of a specified period of absence without information as well as did the employer ask you to report for duty failing which they will terminate you from service? If the employer has only straight away terminated you from service for absence, then there is the famous DTC case decided by the Supreme Case which says such terminations are bad and illegal. (Ref.: Delhi Transport Corporation vs D.T.C. Mazdoor Congress on 4 September, 1990).
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From India, Mumbai
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From India, Mumbai
You can challenge the termination order. Get the certified copy of your bail order and a confirmation slip from the jailor of your been in the custody. File petition before the appropriate court or tribunal attaching these two documents and refer the case law as suggested above.
From India, Kolkata
From India, Kolkata
HR or my Organization had no clue where was I and they only sent two emails between 12th September and 21st September. Finally they terminated me on 22nd September. I was in JC till 11th November and I informed my arrest to my employer on 12th November. I requested to reverse the decision but they said they can't reverse the decision at all.
As per my Offer letter I saw a clause that an unauthorized absence beyond 7 days will start HR enquiry. Now I was in JC from 28th August to 11th November. I had no chance to inform anyone. Kindly help with my preparation to file a case against my employer.
From India
As per my Offer letter I saw a clause that an unauthorized absence beyond 7 days will start HR enquiry. Now I was in JC from 28th August to 11th November. I had no chance to inform anyone. Kindly help with my preparation to file a case against my employer.
From India
Better to appoint a lawyer for your case. It is not possible to prepare the court’s documents through and over this platform, whereas you can seek opinion for any specific doubt.
From India, Kolkata
From India, Kolkata
I just spoke to HR of the organization and now he is telling that I have to pay 69 days of notice period recovery as well as I was terminated after 21 days since the 1st absconding email was sent. My question is that can an organization put a recovery for notice while they terminated me due to absconding. They now know that I was arrested and was in JC for 75 days. Kindly suggest.
From India
From India
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