Seeking Legal Advice: How to Handle a Forced Show-Cause Notice and Resignation Request?

I am employed with an international BPO of very high repute as an operations manager for the last 9 years with an outstanding performance record throughout. Two months ago, the delivery head issued a forced show-cause notice alleging non-compliance, restricted my access to the production floor, and seized my assigned computer by force. They harassed, insulted, and made communal comments while escorting me out of the building, refusing to provide anything in writing.

I escalated this injustice to the top management, including the chairman, and was informed that an inquiry would be conducted. I was also told that I am not required to come to the office until the matter is resolved, but my salary will continue to be paid. However, two days ago, the GM-HR called me and stated that the company wants me to move on by resigning, with an additional month of salary.

Please advise me from a legal perspective.

Regards,
A R K

Understanding Show Cause Notices

If they have charged you with a show cause notice, it means you are given time to clarify the charges against you within a specific time frame. Otherwise, it would be deemed that you have admitted your guilt and require no further probe into the matter. Read the show cause notice carefully. If they haven't mentioned any specific time, then you can contest it. According to natural justice, you should be given a chance to clarify yourself.

Thank you for your suggestion. I have replied to the show cause within the given time, clarifying clearly that the allegation is not a non-compliance but a discharge of my duty.

Request for Legal Advice

I would like to request your suggestion on whether I should pursue legal action as they are refusing to provide anything in writing and are pressuring me to resign and move on.

Regards,
ARK

Understanding the Situation

You have been working here for 9 long years with outstanding results—why would the company suddenly develop communal hatred for you? This is the question you would be asked and find difficult to answer.

Of course, the complete picture will not be known until one gets to hear the other party's view, but check out the show cause. If the company can prove that the show cause was served, time given, and your reply was not satisfactory, your removal from the job would be completely legal—courts won't help you.

It could be a grey area where you say you replied to the show cause and the company says it was not satisfactory. Depending on a lot of other factors, it could go anywhere—but even then, it's your career that would suffer.

Considering Your Options

I believe it is not a very clear-cut case where you can be sure of a legal remedy, and hence the best option could be to get a proper separation from the company and make a new beginning.

Since you have been working for 9 years, the company cannot terminate you without valid grounds. You may approach the conciliation officer in that area under the Industrial Disputes Act 1947 and file your dispute with him. Please request the officer to also issue a notice under Section 33 C-2.

You have a right to be heard. Since you are not a workman as defined under the Industrial Disputes Act, they can terminate you only according to the standing order of your company. Please see the standing order of the company and check whether they have followed the procedure. If they have not followed the standing order, then you can very well approach the court, and you have a good chance of winning it.

Understanding Standing Orders

If you don't know what a standing order is, then I will explain.

As per the Industrial Employment Standing Order Act 1946, each company has to frame a standing order which includes the rules and regulations of the company, including appointment and dismissal. Hence, the company can only take action against you after following the rules and regulations framed in the standing order regarding the dismissal of an employee from the company.