My company terminated me without any prior notic and memo.

main issue  : did or did you not have the relation with the lady (withou or without promise).  Without this vital information no worthwhile advised can be given.

Dear Sir,

last five year back 2006 to 2007 she was in my Team in the same office  (when we are in contractal base job) as we are sales profile and there was no such as a relation and  promiss by me.she is more than 10 year older me and already have 2 child frist is dougher almost 14-15 year old and one sone is 8 year old.she is some mantaly disterb and already have such two three her family case in her past life.

So please advice......

Mr. Sudhir Kumar has given valuable advice. Kindly follow it.

Did you retain a lawyer when allegations were leveled?

Did your lawyer or you demand forensic examination of body fluids?

If you were innocent the forensic examination could have granted reprieve.

However, as posted by you no proof/evidence is submitted to court, and now court shall decide. You shall face the ordeal till you are exonerated by court of law.

Did you put the date of receipt on copy of the memo, or did you submit in writing that memo dated………….was delivered to you on dated………… ?

What is the mode of dispatch of memo e.g. by courier/ redg. post/ speed post?

The docket number /redg. post number must be available on the cover. You may log on to the website of courier or India post and track the document, thus you shall get the date of dispatch of the memo.

You may also file RTI ( in case of redg/speed post) to obtain the dispatch details and if it is courier you may apply from courier even if by email.

Courier/speed post maintains the record for 3 months only so hurry up.

You may also demand the certified copy of AWB/receipt of courier/ redg. post/ speed post from company…………..

To reply to the meme you may show all docs and records to a competent and experienced labor consultant/service lawyer, give inputs in person, spend quality time with your lawyer and proceed under expert advice of your lawyer.

If you are innocent you may contest the order of termination.

Due to the charge leveled on you company may not call back order of termination, gratuity may be forfeited citing moral Turpitude:

Section: 4: Payment of gratuity (6) (b) (ii)

The order f termination may hamper your reference check and future prospects.

 Valuable advice of learned experts/members is sought.

Dear Sir,

thanks for your valuable suggistion.

Sir my only concern is if the court judgments is comes in my favr than can i claim my job with my compay

please suggest will very thankful for the same.

Generic questions and generic answers may be avoided.

For the service matter you may approach a competent and experienced labor consultant/service lawyer with copies of standing orders of your company, appointment letter, Conduct and Discipline rules, exit policy, HR policy, service rules etc……… memo issued to you, reply given by you if any, termination order and any other communication and record, give inputs in person, spend quality time with your lawyer, understand the merits and proceed under expert advice of your lawyer.

Designation alone does not decide employee is a workman or not.

Your lawyer may ask you a set of structured questions and may opine that you fall within the category of ‘Workman’ as in ID Act, and ‘Employee’ as in Shops and establishments Act of your state.

 The provisions as in these enactments limit the choice to employer.

You have mentioned “Manager” against your name.

 If you are not covered in definition of ‘Workman’ as in ID Act, and ‘Employee’ as in Shops and establishments Act of your state, the forum to agitate in your case would be civil court.

Your lawyer can comment better in civil suite you shall have the chance of reinstatement with back wages or not…………….

Or your lawyer may suggest that you can file civil suite to claim damages.

Your company may scream for Jurisdiction of Courts being only the location as stated in appointment letter/courts at your location does not have jurisdiction and may cite Specific Relief Act thus personal contract of service can not be enforced in court.

Meet your lawyer in person and understand all options and merits and proceed under expert advice of your lawyer.

Dear Sir,

Thanks for your valuable time.Sir my current designation is branch operation service head and its comes under in managment authority.

thanks..

Dear All,

your valuable reply is still awaited.

thnaks and regrds

balraj singh

If you are not covered in definition of ‘Workman’ as in ID Act, for the service matter you may ask your lawyer if you would be covered under ‘Employee’ as in Shops and establishments Act of your state, or the forum to agitate in your case would be civil court.

Your lawyer can comment better in civil suite you shall have the chance of reinstatement with back wages or not…………….and on jurisdiction of courts.

Or your lawyer may suggest that you can file civil suite to claim damages.

For the criminal case you may seek opinion of your lawyer specializing in criminal law.

You shall need to co ordinate between criminal and service lawyer.

Valuable advice of learned experts/members is sought.

ok thanks sir