Can I Take Legal Action Against My Employer for Suspension Without an Appointment Letter?

I was working for LTD company in Bangalore. They have given me suspension for 60 days; the letter has been sent by mail only. However, I have not received any appointment letter from the company. Meanwhile, they have put my photo in the newspaper and informed that I am not working. Can I put a case on them?

If you have been suspended for 60 days via any order and you have not been given a proper opportunity to present yourself during the inquiry, you may proceed to the labor court for reinstatement with back wages. But if you knowingly abstain yourself from the inquiry, no one can help you in this regard. Then try to get another job.

Putting your photograph in the newspaper and stating that you are no longer working is highly irregular. They have suspended you for 60 days and not dismissed you. Do they take out such newspaper ads in the case of other suspended employees? Have they commenced any inquiry? 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.

Suspension and Legal Rights

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 a domestic enquiry against the alleged employee and give an opportunity to the alleged employee to prove their innocence, under the principle of natural justice.

After completion of the domestic enquiry and based on the outcome of the enquiry reports, the company should act accordingly. The company should also give a subsistence allowance of 50% of the employee's salary for the suspension period.

The company should complete the enquiry within three months. Before the completion of the domestic enquiry, the company should not terminate the alleged employee.

Publishing the paper ad before completing the enquiry is a gross violation of the law and shows the ill intention of the employer. If the employer fails to provide an appointment letter, it is also a gross violation of employment laws.

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

Regards,
Govind Sagar
MPower HR and Labour Laws Solutions, Bangalore
[Phone Number Removed For Privacy Reasons]

You are saying that the company has not given any appointment order, yet at the same time, you are mentioning that the company has placed you under suspension, which we find questionable in terms of authenticity. How can the company take such a drastic action without an appointment order? On what grounds has the company considered you an employee? Is there an agreement where you committed to being an employee? Without clarity on these points, it is challenging to address your query. An appointment order may not always be issued but could exist in the form of an agreement between the employer and the employee. How long have you been working there?

Suspension and Legal Considerations

Typically, an employee can be suspended based on the findings of an inquiry officer, subject to a domestic inquiry. Even the duration of a suspension is limited under the Industrial Disputes Act, 1947, as you mentioned it is 60 days, which exceeds the legal scope.

As our esteemed colleague Mr. S. Banerjee mentioned, there seems to be some undisclosed information you are withholding. Taking legal action against your company without substantial evidence of your employment is not advisable.

Regards,
Adoni Suguresh
Labour Laws Consultant

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