Dear Member,
One of my friends was terminated by his company. The reason was solely because a lady in his office made false allegations against him and filed an FIR at the police station. As a result, my friend spent more than 25 days in judicial custody. Eventually, he obtained bail from the local court as he was innocent, and there was no supported evidence. Currently, there is a stay on his case from the High Court.
My questions are as follows:
1) Can a company terminate an employee solely based on false allegations?
2) Can he challenge his employment termination in any court and claim back wages and losses?
3) Can he seek reinstatement based on the High Court's stay, or should he wait until the case concludes?
4) Is there a clause that states an employee is ineligible for their job if they spend more than 72 hours in judicial custody? (He works as an Operations Head in a private limited bank)
5) From the HR perspective, if the court proves his innocence, what are his rights concerning his job?
I kindly request your feedback. I believe my friend is truly innocent; he is a helpful individual and finds himself in distress. I feel obligated to assist him as he is concerned about his job.
Regards,
Basant Kumar
From India
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One of my friends was terminated by his company. The reason was solely because a lady in his office made false allegations against him and filed an FIR at the police station. As a result, my friend spent more than 25 days in judicial custody. Eventually, he obtained bail from the local court as he was innocent, and there was no supported evidence. Currently, there is a stay on his case from the High Court.
My questions are as follows:
1) Can a company terminate an employee solely based on false allegations?
2) Can he challenge his employment termination in any court and claim back wages and losses?
3) Can he seek reinstatement based on the High Court's stay, or should he wait until the case concludes?
4) Is there a clause that states an employee is ineligible for their job if they spend more than 72 hours in judicial custody? (He works as an Operations Head in a private limited bank)
5) From the HR perspective, if the court proves his innocence, what are his rights concerning his job?
I kindly request your feedback. I believe my friend is truly innocent; he is a helpful individual and finds himself in distress. I feel obligated to assist him as he is concerned about his job.
Regards,
Basant Kumar
From India
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If there is a company policy that if an employee is under judicial custody for more than 72 hours, they will be terminated, then the employee can be terminated based on such a clause, as the bank will not stop its operation until the final verdict is reached. In some cases, the judgment may take its own due course of time. This clause is seen in most companies because the complainant has lodged a complaint at the police station and not with the employer/HR of the bank, so it does not fall under the jurisdiction of the employer to judge whether the employee is innocent. Furthermore, no establishment would prefer the police to conduct their inquiry on their premises, as it may disrupt their day-to-day activities.
The employee can file a legal case against the complainant for all damages/defamation, etc.
This is only my view; let seniors also give their opinions.
From India, Ahmadabad
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747The employee can file a legal case against the complainant for all damages/defamation, etc.
This is only my view; let seniors also give their opinions.
From India, Ahmadabad
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MGNREGA 2012-13 Misuse of Found Social Audit Report MIS Upload Mean Reason, Sir.
Bidar District: All 175 Gram Panchayats Misuse of Found. This, I have given the social audit report and MIS upload only in my taluka, Humnabad, with 33 Gram Panchayats.
After 4 talukas, the social audit report MIS upload is nil, sir. The social audit coordinator's job is safe in these 4 talukas, sir.
Sir, I have completed social audit Grama Sabhas in 33 GPS. In these, my team found that Rs. 22,000 to 30,000 was spent on printing job cards in each GP, which was a misuse of funds. I have given the social audit report and MIS upload of Rs. 22,000 to 30,000 for each GP. This was collected by Mr. Bhimshen Goudour, Zila Panchayat Deputy Secretary, Bidar, and Taluka Panchayat Humnabad, Mr. Kiran Patil, MGNREGA Section Worker, Taluka Panchayat Humnabad, along with Mr. Devadas, District Social Audit Coordinator. The main reason being Mr. M. Moudgil, MGNREGA Director, Karnataka, sent a reference letter to Zila Panchayat Bidar, but the Zila Panchayat Bidar section worker and District Social Audit Coordinator tore the letter, sir. I have worked 23 months without salary, sir. My position is very critical, and the situation is very serious. I hope to recover my job and my 23-month salary soon.
Thanking you, sir, yours faithfully,
Vidyasagar Bhalke,
R% Gadgi Tq & District Bidar, Call: 9844783536.
From India, Bellary
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Bidar District: All 175 Gram Panchayats Misuse of Found. This, I have given the social audit report and MIS upload only in my taluka, Humnabad, with 33 Gram Panchayats.
After 4 talukas, the social audit report MIS upload is nil, sir. The social audit coordinator's job is safe in these 4 talukas, sir.
Sir, I have completed social audit Grama Sabhas in 33 GPS. In these, my team found that Rs. 22,000 to 30,000 was spent on printing job cards in each GP, which was a misuse of funds. I have given the social audit report and MIS upload of Rs. 22,000 to 30,000 for each GP. This was collected by Mr. Bhimshen Goudour, Zila Panchayat Deputy Secretary, Bidar, and Taluka Panchayat Humnabad, Mr. Kiran Patil, MGNREGA Section Worker, Taluka Panchayat Humnabad, along with Mr. Devadas, District Social Audit Coordinator. The main reason being Mr. M. Moudgil, MGNREGA Director, Karnataka, sent a reference letter to Zila Panchayat Bidar, but the Zila Panchayat Bidar section worker and District Social Audit Coordinator tore the letter, sir. I have worked 23 months without salary, sir. My position is very critical, and the situation is very serious. I hope to recover my job and my 23-month salary soon.
Thanking you, sir, yours faithfully,
Vidyasagar Bhalke,
R% Gadgi Tq & District Bidar, Call: 9844783536.
From India, Bellary
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf