Show Cause Notice [Thread 512812]

Dear Kailash,
I feel mgt is harassing you. If they had terminated 1st person, though illegally, what prevented them repeat the show in your case. If they intend to proceed they have to issue charge sheet to you.
Thanks

Dear Kailash,
Suspicion cannot take the place of proof.Merely by naming a person, such person cannot be convicted.

Dear Kailash,
Both are different. In charge sheet the mgt has to make specific allegations along with the evidence sought to be produced and persons they want to examine. Show cause notice is anterior stage to charge sheet to know the stand.
Thanks

I got terminated 6 weeks back due to a show cause notice. In this case, the HR issued show-cause notice for posting my performance review in my blog. Is there any way I can sue the company and get some money?

Dear Vijay,
It is not clear whether you fall within the definition of workman under ID Act. Then how long you have worked. Whether the allegation of performance is true. Your organisation is covered under which State shops and Establishment Act.

Dear Mr Kailash
Pl note that on the expiry of the notice period, you will automatically go out of employment - unless your employer place you under suspension pending enquiry. Pl go through the attached judgement of the Madras HC.
Regards
N Nataraajhan, Sakthi Management Services (HP: + 91 94835 17402 ; e-mail:natraj@sakthimanagement.com)

Hi Team,
Need your help again.
Management has issued a letter to me stating that they have appointed a person as an inquiry officer who is a lawyer and is not from the company. They have asked me not to leave the city till the inquiry is over and can also not join any other organisation.
I feel that the person appointed as inquiry officer is not a neutral person and the judgement can be biased.
What should i do now.
Thanks
Kailash

Since they have not paid your salary of the previous month after you had given your notice of resignation, you are deemed to have been relieved under Shops and Establishment Act because under the Act generally it is 30 days notice period even if agreement is contrary to it. See Shaw Wallace Ltd case decided by Madras High Court on 13.1.99. Further you must be deemed to have been relieved as per Mettur case cited above. Give a representation to Inspector under Shops and establishment Act and copy to employer to get you relieving certificate because it is his duty under the Act to ensure it. All further proceedings will be null and void.

In the representation to the inspector and to the employer mention mettur spinning mills case and Shaw Wallace ltd case stated above and emphasis that you have deemed to have been relieved on date of resignation after the employer failed to pay you one month salary when you had tendered resignation.

Thanks a lot Sushil. I went through the mettur spinning mill document but could not understand it properly. May be i will have to show it to some lawyer.
Also where can i get the details for Shaw Wallace Ltd case decided by Madras High Court on 13.1.99.
Thanks for your help.