Terminated Without Reason After Voting Day: What Can I Do About Compensation?

Hi, I was working for a company for more than 1 and a half years in Karnataka. Recently, I received a termination letter from the company, surprisingly without mentioning any specific reason for termination. What I can think of as the reason would be that on 18/04/2019, which was the voting day, the company did not declare a holiday as per Section 135B(1) in The Representation of the People Act, 1951, so I opposed the same and went for voting.

Another reason I can think of is they hired a person with a lower package, so they terminated my job. Upon receiving an email of the termination letter from the company, I tried to speak to the Director/Owner of the company who avoided talking to me. So far, these people have not clarified any reason for terminating my employment.

At the time of joining, in the email, they confirmed that the contract would be for 2 years with a 2-month notice period, and they would provide me the joining letter with the same terms. However, on the very first day of joining, they provided the joining letter with a 3-month contract and 3 months' notice.

This company does not follow the rules applicable as per The Karnataka Shops and Establishment Act at all. I would really appreciate it if someone could suggest the action I can take against the company and the compensation I can get from the company.

Thanks

Termination under the Karnataka and Tamil Nadu Shops and Establishments Acts

Under the Karnataka Shops and Establishments Act, 1961, and the Tamil Nadu Shops and Establishments Act, 1947, an employer cannot terminate an employee who has been with the enterprise for more than six months, except for a 'reasonable cause.' In addition, an employer must provide a one-month notice. If misconduct is the cause for termination, no notice or associated payoff is required.

As you have completed one year with the organization, they need to provide a one-month notice period or one month's pay. This company violated the law without giving any proper explanation, so you have the full right to pursue a legal process.

I may add, if the 'cause of action' is reliably known as 'you went for voting' you may as well lodge a complaint with the Election Commission of India at the Bangalore office itself and give it a try from this angle. Arrange to issue a notice asking them to mention clearly what prompted them to terminate your services. Depending on the reply forthcoming, you may decide the next course of action. Are you still on probation?

Further Facts of the Case

Following are the further facts of the case. The company never follows any rules for holidays. They even cheat their clients.

I worked for this company for more than a year and a half. At the end of the first year, when I asked for credit, they said that the company does not give any credit for earned leave even after the first year has expired.

They do not allow national holidays like 15th August, 26th January, or 2nd October.

The HR and the Directors are deceitful people who always lie. They do not communicate with employees once they submit their resignation. I am in touch with some ex-employees who were mistreated when they left.