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I need help to understand one thing, in case when an employee is terminated for a fraudulent activity and has repaid the dues asked for, can the company still go legal against them? Is that required? Also, for something which is not mentioned in the company's policies properly?
From India, Lucknow
Dinesh Divekar

Dear Nitin Kumar,

An employee commits the fraudulent activity. The company recovers the amount involved in the fraud and also awards him a punishment which is termination from the services. Despite all this, the company wishes to take legal action. But on what grounds? Under the provisions of which law or act?

Now coming to your last query on the company's policies. Provisions of the Constitution of India are comprehensive and their primacy remains intact. These are over and above the policies of a private company. Therefore, what is mentioned in the policies does not matter.

A question from our side also. Before terminating the employee, did the company order the domestic enquiry? If yes, then was it conducted in a free and fair manner? If not, then the company has not followed a due process of law. The reasons for not doing so are best known to the company authorities.


Dinesh Divekar

From India, Bangalore
Yes, the company did conduct a free and fair enquiry. Thank you, your response really helps. My primary concern was if the company can go legal against an employee who has paid the dues and has already been terminated as a result of their fraudulent activity.
From India, Lucknow
ashok pal

Sir, you have already punish him for his fraudulent activity after a free and fair enquiry. I think now you have no remedy.
From India, Indore
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