Wrongfully Terminated Without Proof: How Can My Friend Clear His Name and Move Forward?

Respected Seniors, I need your valuable advice on the issue below. One of my friends, who was in a Senior Manager position, was terminated by the company based on false allegations. There was no inquiry conducted (the company claims they have done so), and no opportunity to be heard was given. Absolutely, there is no proof with the company about any fraud committed. The company has so far failed to provide any sort of evidence.

How to Deal with This Issue

1. How should we address this problem?

2. The ex-employees of the company know how genuine my friend is. If my friend receives an offer from future employers, he wants to refer to his ex-employees about his genuineness and show the termination letter on good grounds. Is it advisable?

3. Would it be advisable to approach the Labour Commissioner?

4. Will the prospective employer accept the case?

I need your advice at the soonest, please. Thank you very much for your time.

Hi Rao,
Need some clarity on the episode. Is there a termination letter issued? Please PM me.

Hi MAHR,

Yes, the termination letter has been issued. Moreover, they have lodged a complaint with the police, but the police have not accepted the complaint. They even tried to lodge a private complaint in the criminal court. The court too has not accepted the complaint.

Let me know if you need any further information.

Thank you,

Hi Nath Rao,

It's financial allegations. Not proved. My friend has a copy of the termination letter but has not received any complaint letters. Can you please advise on whether he can mention this to the prospective employer? Hiding this information may have an impact at a later stage.

Thank you.

Rao,

This is a call that your friend may have to take. Informing a prospective employer can have two impacts - either they take an understanding view and appreciate that the employee is not hiding anything, or they can be neutral, saying we do not know the facts from both sides. I would bring it to the notice of the prospective employer at the initial stage itself and accept the outcome of mentioning this problem.

Hi Nath Rao,

Thank you very much for your help. My friend has already sent a legal notice and is in the process of pursuing a defamation suit. Would it be a good idea to approach the Labour Commissioner as well? The company is spreading false propaganda by claiming they have filed a criminal complaint against my friend, which are not true. Can he pursue another legal case in this situation?

Once again, thank you very much for your valuable time and advice.

Regards,

Firstly, he is not considered a workman under the Industrial Dispute Act. Secondly, he can approach the Assistant Labor Commissioner, but the Labor Commissioner may not show much interest as it is not a workman's case.

Even if the Assistant Commissioner of Labor shows interest and attempts to facilitate a settlement between the parties, if the settlement is unsuccessful, a failure report will be sent to the department's secretary. The secretary will then refer the case to the labor court, but it may not be upheld as he is not a workman under the ID Act.

Options Available

- He can take the matter to civil court and file a complaint.
- He should consider leaving the company where he is currently unwanted.

Experts, please correct me if I am mistaken.

As a senior manager, he cannot move the Labour Court as he was not a workman as per the ID Act. The best option is to move to the High Court with the termination letter stating that the principles of natural justice were not followed. By all means, he may get a stay order.

I am afraid there is no option for going to the Supreme Court under Article 32 as he is not in public service and no fundamental rights are involved. He may approach the High Court under Article 226 or file a Civil Suit in the jurisdictional Court.

Violation of Article 14 and Legal Process

Article 14 has been infringed. Rao has not been given the opportunity to be heard. The company has ignored the due legal process and set an example of the vulnerability of Rao at the hands of the power elite. This also offends the spirit of Directive Principles contained in Articles 39(a) and 41 of the Constitution.

Focus on Public Interest Litigation (PIL)

Moreover, I have been focusing on Public Interest Litigation (PIL). This has not only happened to Rao but is happening every day across India, with some cases reported and many unreported.

Supreme Court's Recent Stay

The recent stay of the Supreme Court against the Allahabad High Court decision regarding Siksha Mitra is commendable.

Thanks & Regards,
[Phone Number Removed For Privacy Reasons]

My sincere thanks to all for responding to the issue. My friend has sent out a legal notice to the company. Alternatively, he is approaching the Labour Commissioner (this may work out or not), but this will be like troubleshooting for the employer. On the PIL, my friend is thinking about it.

Approaching the High Court

Is it possible to approach the High Court directly on this matter by moving a Miscellaneous petition? I heard that the High Court may not entertain the petition unless we approach the lower court and get the orders. I request members to suggest on this.

I will be posting the updates. Once again, thank you very much. It is a very good forum, and a lot of meaningful discussions are going on.

Knowledge Sharing is Knowledge Gaining.

Cheers,

High Courts have a wider jurisdiction under Article 226 than the Supreme Court under Article 32. A Writ Petition to the High Court lies if the case involves a violation of statutory or constitutional rights. However, please note that a Writ Petition is a discretionary remedy, and there are uncertain factors as to the relief you may be able to get.

Personally, it is my considered opinion that a civil action in the local court provides the best remedy.

Dear Experts,

One more piece of advice is needed. My friend has not received the Service Certificate yet. He has very recently requested it. Can the organization refuse to issue the Service Certificate? If so, on what grounds and why? What actions can my friend take?

Thank you.

Dear questioner,

From your post, it seems that your friend was employed in a managerial capacity. As such, he is not entitled to any remedy against his alleged illegal termination under the Labour Laws. No writ would lie against a private employer. So the only option available to your friend is to seek civil remedy and claim just damages for the breach of the contract of employment to mitigate the effect of the illegal termination to some extent.