Dear Eesha Shah,
Many members of this forum, while raising a post, give incomplete information, and your post is no exception. While raising a query on the public forum, a fair expectation by the other members from the poster is that he/she provides information in a chronological sequence.
Anyway, confirm the following:
a) The employee in question who has been "terminated", how long has he been working in your company?
b) Why was he terminated? What was the misconduct and has the misconduct been defined in the standing orders of your company?
c) Before terminating the employee, did you conduct the domestic enquiry? If not, then what was the reason for not conducting it? In lieu of the domestic enquiry, was the employee served with the show-cause notice?
d) Employee says that he was not issued with the appointment letter, consequently, he should not be served with a termination letter as well. However, is it true that your company has not issued him the appointment letter? If not issued, then what was the reason for withholding it?
e) For how many months, your company has paid the employee the monthly salary? The employee has linked the issue of the appointment letter and the termination letter. But then why is he not linking the issue of the appointment letter and the receipt of the monthly salary? Did you ask him why he was accepting the monthly salary all along? Why did he not refuse the monthly salary also?
The learned members of this forum provide solutions to workplace challenges. However, the solutions are always in the ambit of the law. Whatever the reasons may be, if the provisions of the labour laws are not followed, then solutions cannot be provided on how to wriggle out from the web of unlawfulness that the company has spun around itself.
Thanks,
Dinesh Divekar