Suspension & Showcase Notice

i was working for LTD company in bangalore, they have given me suspention for 60days, the letter has been sent by mail only.
but i have not received any appointmenrt letter from Co. meamtime they have put my photo in news paper &infomed thati am not working. can i put a casse on them ??

If u have been suspended for 60 days vide any order, and u have not been given proper opportunity to present urself during the enquiry , u may proceed to labour court for reinstatement with back wages.
But if knowingly abstain urself from enquiry , no can help u inthis regard. then try to get another job .

Putting your photograph in the news paper and stating that you are no longer working is highly irregular.
They have suspended your for 60 days and not dismissed you.
Do they take out such newspaper ads in case of other suspended employees.
Have they commenced any enquiry?
You have grounds for seeking legal assistance.
They are equally defaming you in public with this ad.

What is the reason for suspension in the first place
Further, what has happened since then
There seem to be gaps in your story

Dear Sudhar,

I would like to inform you that, the company should provide a reason or grounds for suspending an employee.

After suspension, the company should conduct an domestic enquiry against the alleged employee and it should give an opportunity to the alleged employee to prove the INNOCENCE, under PRINCIPLE OF NATURAL JUSTICE.

After completion of domestic enquiry and based on the outcome of the enquiry reports company should act accordingly.and company should give subsistence allowance of 50% of his salary for the suspension period.

And company should Complete the enquiry with in three months.

Before completion of domestic enquiry company should not terminate the alleged employee.

And publishing the paper add before completing the enquiry is gross violations of the law. And it shows the ILL INTENTION of the employer.

If the employer failed to give appointment letter is also gross violations of the employment Laws.

If all the above are true in your case, definitely you can challenge it.

Regards,

Govind Sagar

MPower HR and Labour Laws Solutions, Bangalore.

9036368502

Dear Sud_

You are telling that company has not given any appointment order and at the same time you are telling that company has kept yu under suspension which we cannot follow the genuiness. Without appointmentorder on what basis the company can take such a drastic action. On what basis the company has treated you as Employee. Is there any agreement wherein you have committed as employee. Unless you come out from the truth it will be difficult to answer your querry. Not necessary that appointment order to be issued but it may be in the form of agreement between employer and employee. Since how long you are working?

In normal course the employee can be kept under suspension based on the findings of the enquiry officer subject top domestic enquiry. Even the punishment of suspension has got limitatyion in the Industrial disputes Act, 1947. As you said it is 60 days, this is out of purview of law.

As our learned friend Mr.S.Banerjee said there must be some gap which you are trying to hide. Filing the case against your company is not proper and correct without proper evidence of your employment.

Adoni Suguresh

Labour Laws Consultant

A pattern is seen where querist asks for advice,clarifications.
When members ask for additional information,there is no response.
Even here first post is on 12 Dec and 5 members have tried to answer query,but there is silence form original poster.
Sometimes this kind of silence raises questions on why the query was put up at all.

The query is incomplete. Please post all the material facts.

No allowance was paid .
No enquiry & copy of it served to employee .
Who represented employee or ex= parte .
Lastly Nathrao is correct no correct feed back .
Regards

The company is covered under Shops and Establishment Act in Delhi.
There are 3-4 cases where the outstation ex-employees who are executives (not labours) have still not taken their Bonus cheques inspite our sending them the letters/ e-mails.
Last year also, the same thing has happened in 2 similar cases.
Shall we wait for 3 years to complete and deposit the amount with the Labour Welfare Fund? Please note, we are not covered under the Factories Act and the persons concerned are not labours.