Wrong termination - During the notice period, the working company issued a showcase notice

RASUKUTTY S
I am working NBFC company resignation applied on 12 Aug 2023. During the notice period, the working company issued a showcase notice on 25 Sep 2023. I appropriately replied to show cause notice problems not accepted letter sent mail 26 Sep 2023. After no enquiry notice period was completed on 10 Oct 2023. After the company issued a termination letter on 31.10.2023. I need my relieving letter, please need a solution.
Madhu.T.K
You are seeking guidance after around seven months of your termination? Without information like, why did the Company initiate a disciplinary action, whether domestic enquiry was held or not etc, it is not possible to give a reply to you.
RASUKUTTY S
Sir I have filed a complaint in labor welfare office about this. In the showcase notice, it was mentioned that I did not go to GRT to any member while I was at work and the response time should be given within 48 hours. I sent a mail on 26 Sep 2023 denying this and stating that I have personally visited the member and done the GRT. No inquiry was put to me. After that in the dismissal letter on 31.10.2023 it was stated that on 26 SEP 2023 the company is conducting an investigation against you and you have written a letter admitting the crime. When asked to the company the HR department manager of the company says that we have formally dismissed you.
Madhu.T.K
When did you give complaint to Labour Officer? Didn't the Officer call for conciliation? What is GRT?
RASUKUTTY S
Sir GRT is to tell about company & company interest rate and terms before giving loan to members. After I do GRT the person behind me will check it and give loan to member. I waive my relief letter from 25.11.2023. After two months at the labor welfare office, they told us that we are not entitled to receive the relief letter. They said you approach the labor court and we will give you a letter. I am filing a case in the Labor Court. Due to this I was not able to work in any company. I have been uploaded as dismissed in EQUIFAX PORTAL. As a result, I could not find work anywhere. Is it correct that the company fired me after I left the job after completing the 60 days notice period?
Madhu.T.K
In the case of serious misconducts, the company can withhold the reliving letter. Normally, when an employee completes the required notice period he will be relieved and letter issued. But when there is a disciplinary action, the relieving will become a formality only, and it will be against the pending enquiry. In your case also, since you were found to have involved in an offence, dereliction of duty, your relieving letter can be put on hold till the enquiry is on. However, the bank management dismissed you without conducting an enquiry. That can be challenged. Suppose the bank had issued a relieving letter, and in the letter it is mentioned that you have been dismissed, what value the letter will add to your career? Therefore, the relieving letter has no significance so long as the termination is challenged, and it is proved that you were innocent. Then they will have to change the status from ' dismissed ' to resigned.
Since the matter has been referred to the Labour Court, you will have to wait. If you were not given opportunities to prove your innocence other than a show cause notice, the court will remand it back to the labour officer and director him to see whether procedures required to be followed before an employee is terminated is followed or not, and during the course, the bank may settle the issue by changing the status. Wait for that
PRABHAT RANJAN MOHANTY
The letter of termination is nothing but is same as relieving letter.
ashok pal
Sir/madam,
There is a difference between termination letter and Relieving Letter. Termination Letter is given in reference to a disciplinary action while Relieving letter is given when company relieve the employee. Termination is treated as punishment.
Thank You !
PRABHAT RANJAN MOHANTY
An employee gets Relieving letter on leaving the establishment, the reason of leaving: Resignation.
In the captioned subject the reason of leaving service: Termination due to misconduct.
pvenu1953@gmail.com
What are the contents of your communication based on which the employer has terminated you? The question is, whether that e-mail could be taken as unequivocal acceptance of the wrongdoing!
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