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arora.sumit
Dear Sushil,
My last designation with this company was Manager- Technical Support and I was managing team of 3people. It is software company and we were providing software service to our client, in terms of software customization and training. My office was in Noida, register area is Delhi.
Thanks
Sumit Arora

From India, Mohali
sushilkluthra@gmail.com
221

Firstly as said earlier, the reason of termination was on account of misconduct which could have been issued only after conducting domestic inquiry. The termination order may be set aside by a judicial forum. As far as remedy is concerned, since your office was in NOIDA, you are governed by UP shops and establishment Act and under section 19 of it read with rules framed thereunder, the domestic inquiry ought to have been done.
Since you did not mention the facts about powers conferred upon you, like leave sanctioning, supervisory functions, main nature of duties, power to take disciplinary action against subordinates etc it cannot be said whether you were covered by ID Act. You may discuss with your lawyer about these and take appropriate remedy.
Thanks
Sushil

From India, New Delhi
fc.vadodara@nidrahotels.com
734

Based on the quote, let me make you understand that you were transparent enough that you approached the Director and told that hunt for someone as your replacement which indirectly states that your loyalty to the Company has lost. The people are attached with the company emotionally but not the company.
Thereafter you also complained about your seniors i.e. the Director to the Group Director for some staff, which also indicates that you have lost faith in your seniors, these all are not called professionalism, but are called misconduct.
As per your statement the Australian Counterpart has conducted a survey/domestic enquiry and finally they concluded for termination of your services. If the same is not agreeable to you, please consult a local lawyer and fight for your case. Let me remind you that your company is a MNC they would be having a legal advisor too, secondly legal is a lengthy process if you are ready for that please proceed

From India, Ahmadabad
bodhisutra
246

You don't tell your boss to find your replacement till you have a better job offer in hand.
And you definitely don't complain to the "owners" behind the country head's back.
Obviously the owners trust the country head and obviously you came across as someone who is not committed to the company and doesn't work well in the team. If the internal survey/enquiry supported this view, your fate was already sealed.
Best strategy - find a new job and never repeat this.

From India, Delhi
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