Can My Company Terminate Me Without an Inquiry After Suspension? Seeking Legal Advice

I was an employee of a reputed organization. The company wrongfully involved me in a case to get infidelity insurance, but the honorable court gave a decision in my favor and discharged me from the case. During the process, I was suspended by the company.

Now, the company has terminated me without following any laid-down procedures for inquiry, and no payment was made to me for the suspension period.

Due to this, I am in a big problem and can't get any job.

I would like to know if it's lawful or not and what I can do against the company.

Please help me.

Regards,
RKS

Dear RKS, Has the company provided the suspension letter to you? Has the company provided the termination letter to you? First, check this, then take a copy of the judgment in which you were proven innocent. Register a case against your employer. The rest will be handled by the Labor Authorities. Also, consult some advocates (mainly CPI & CPM, or approach any labor association). Forward a Vakil Notice to your company stating all problems and injustices done to you and ask for reimbursement and job retrieval.

Automatically, they will come to you. Please do this. Also, bear in mind that the labor court is always in favor of the employee. You will get justice and reimbursement. For suspension and termination, there are procedures; no one can simply terminate you from your job. So, go ahead and do not worry. We are all with you.

Regards, SIDMAN

Dear Sir, Yes, I received the suspension and termination letters; both were sent to my permanent home address by registered post. My suspension period was from Nov 2008 to June 2010 (approximately 20 months). During the suspension, no inquiry, no subsistence allowance, and no final settlement were made. I sent many letters to the company with the judgment of the honorable court and a simple request, but received no reply from them. I approached a Labour vakil and provided all the documents. He mentioned that a lawsuit would be filed at the last posting place, which is 700 km away from my residence. Could I file a case in the labor court at my home place, which is in a different state? If yes, on what basis? Could I file a defamation case against the company? Regards, RKS

Dear RKS,

1. Has the company provided the suspension letter to you?
2. Has the company provided the termination letter to you?

First, check this. Later, obtain a copy of the judgment in which you were proven innocent. Register a case against your employer. The rest will be handled by the Labor Authorities. Also, consult some Advocates (Mainly CPI & CPM, or approach any labor association). Forward a Vakil Notice to your company stating all problems and injustices done to you and ask for reimbursement and job retrieval.

Automatically, they will come to you. Please do this. Also, keep in mind that the labor court usually favors the employee. You will receive justice and reimbursement.

For suspension and termination, there are procedures; no one can simply terminate you from your job. So, go ahead and do not worry. We are all with you.

Regards,
SIDMAN

I have a small query, and I request the respected seniors to help me with the matter. What kind of action can I take against the company? Suspension and termination letters have been received by me. The company's management is not being justifiable with me. They didn't pay a single rupee during suspension and after termination from the organization's service. I have written to them many times but haven't received a single reply from their side. I am in big trouble and not getting a job to survive. Please help me.

Thanks & Regards,
RKS

Dear Sidman Sir, I would like to know the full form of CPI & CPM, advocate.

Regards,
RKS

Understanding Company Procedures and Legal Recourse

You have stated that you are employed in a reputed company. The company should have established procedures for suspension, subsistence allowance payable, procedures for imposing punishments, etc. Hence, it is necessary that you go through the standing orders/rules/regulations carefully and seek redressal from the company under the said rules.

It is not known what your employment status is with your company. Are you a workman or a supervisory staff in terms of the Industrial Disputes Act? If you are a workman under the ID Act, you can file a complaint with the jurisdictional labor authorities. The labor authorities will treat it as a dispute and initiate conciliatory proceedings. The labor authority has the power to summon the company authorities. If no reconciliation happens at the labor authority forum, the matter would be referred to the labor court.

You may seek the assistance of any labor lawyer near your place.

If you are a supervisory staff, you have no recourse to the labor court. Then your position will be in relation to the contract of employment. You have to file a writ petition with the court.

Unless otherwise mentioned in the contract of employment regarding the jurisdiction of the court, the case has to be filed at the jurisdictional court where the cause of action has arisen. Since you were terminated from the service at the last place of your posting, the case has to be filed at the jurisdictional court. You may engage a lawyer to present your case. Your personal presence is not always necessary. You can follow up with your lawyer. Only at the stage of evidence, your personal presence may be necessary.

So, please find a labor lawyer and proceed.

Wish you all the best.

I have contacted a labor lawyer, and he advised me to file two cases as follows:

1. In 2(A)
2. In 33(C)-2, it will be at the last posting place.

Should I proceed with the advised steps?

Case Details for Better Advice

1. My designation was Associate Manager, but I didn't have the power to grant leave or appoint any employee.
2. A fraud occurred in the company's godown outside my posting state.
3. The company had no way to claim insurance; therefore, the management decided to claim Infidelity Guarantee Insurance. They required four persons to meet the loss amount, so they involved me in the case based on my single visit to the godown two months before.
4. The company lodged an FIR against four employees. I filed a writ petition against the FIR and won.
5. The terms of my service are not mentioned in my appointment letter. How can the company prove that my service falls under a contract of service?

Please advise on further actions I may take against the company.

Regards,
RKS

Understanding Your Position and Rights

Going by the designation of Assistant Manager, it may be presumed that you are supervisory staff, though you may not have been given the powers to sanction leave. The question is, were you assigned to oversee the work placed under you?

Legal Advice and Actions

However, it is noted that the labor lawyer has advised filing a petition under the Industrial Disputes Act. This presupposes that you are a workman or supervisor coming under the definition in the Industrial Disputes Act.

Service Conditions and Termination

Your service conditions are governed by the standing orders of your company. However, whether there is a standing order or not, your company cannot terminate you without adhering to the due process of inquiry. Hence, your termination is illegal. The labor lawyer has rightly advised you in this regard.

Filing a Petition and Seeking Justice

Please follow his advice and file a petition under the ID Act. A conciliation would be raised by the labor authorities. Your management would have to justify its action with the labor authorities. Ultimately, the matter may be referred to the Labor Court for adjudication.

You need perseverance. The fight for justice will be a long one. I wish you all the best in your justified struggle!

Regards

Thank you so much for your valuable advice and encouragement. I will update you on further proceedings and would appreciate your guidance. Could you please provide your personal email ID?

Regards,
Rakesh