Termination from job

Do you have copy of leave application submitted by you and approval?

Does your supervisor agree to place on record that you had availed leave?

Employee should place everything on record, and maintain the copies in personal file.

You may plead in writing under acknowledgment, with good offices of your company, narrating the situation and need for leave and place on record that you had informed your supervisor and he had given sanction of leave, and request them to call back the order of termination.

You may approach a competent and experienced service lawyer and show your appointment letter, and give inputs in person. Your lawyer shall help you to decide the appropriate forum which may be O/o Labor commissioner or civil court.

I have a mail which I sent to my VP  for 5 days, after that was in touch with my supervisor via Phone because I do have ineternet faclity at my village. I have my call details, also I have a copy of  attandence tracker which sent to HR for the salry calculation.  I have also call record in which VP has accecpected that I was in trouch with my supervisor. 

I have a mail which I sent to my VP  for 5 days, after that was in touch with my supervisor via Phone because I do have ineternet faclity at my village. I have my call details, also I have a copy of  attandence tracker which sent to HR for the salry calculation.  I have also call record in which VP has accecpected that I was in trouch with my supervisor. 

Has the company supplied (not just issued ) any communication, notice, legal notice, in writing to you or has the company conducted any inquiry before passing the termination order?

Involve the VP and Supervisor and narrate the incidences in writing under acknowledgment, addressed to appointing authority, MD, Company Secretary, and the authority which has signed the termination order, with a copy to Head-HR , contest the charges leveled in termination order, and conclude that termination order is unwarranted and bad and should be called back  and should be supplied to you say within ..........days by redg post. You must request in this representation to allow you to examine your personnel file maintained by the company and ask for a confirmation allowing you to examine the personnel file on a specific date, as convenient to company and you, and to supply you a certified copy of standing orders of the company, employee rule book, enquiry report of the enquiry conducted by company if any.

You seem to have merit. You may endeavor to resolve the issue applying exceptional levels of negotiation, persuasion, persistence skills. This shall be the quickest and easiest solution for you and company. Litigation may prove to be penultimate for the company as well.

Employee can seek relief under various enactments e.g. Industrial Employment Standing Orders Act, SE act, ID Act as per the explanation of employee under these enactments.

If your efforts do not fetch you the results and relief, you may approach a competent and experienced service lawyer and show your appointment letter, and give inputs in person. Your lawyer shall help you to decide the appropriate forum which may be O/o Labor commissioner or civil court. Your lawyer may prefer to issue legal notice.

Before that I marked mail to CEO of the company to tell my problem. I got reply from CEO that  he (ceo) has word with VP so meet with them he will reslove my issue. Next day when I meeat with VP I saw the story is some thing diffrent. VP and HR called me for a meeting and asked me to sign TERMINATION letter, I read that letter I said I will not sign this letter. I said I have all the evidence which can prove that I was in touch with my supervisor for my leave.  VP said do what ever you want to do but you have sign I said it's not possible for me to sign  this letter. I called CEO and tell all the story, he said I need some time till monday (3 july 2012) then he will be able to tell some thing. I don't know weather this case will go in my feavour or not. 

One more thing I would like to menstion that my company has been acquired by a e-commerse company and 3rd and 7th july is the last working day for all emplyee. After that company will be closed, they whome should I contact for my salary. They are giving 2 month advance salry to all the employees as comapnsation. Can I go ligely with new company ( the company which acquired) for the same ?

The company has made a pass on you and has been adopting tactics. The CEO had already passed termination order and the email was sent in order to pull you to office. The termination order has been shown to you in office and must have been filed in your personnel file. Everyone including your supervisor, VP,CEO are hand in glove with each other.

You have seen the order of termination. Did the company level any charge or did the company mention any reason in termination order or the company just mentioned as per clause.................in appointment letter services are terminated? If no reason was mentioned company should have mentioned in termination order that notice pay is being disbursed and cheque/DD number............is enclosed.

CEO is extending the dates to last working day of all employees. You may approach a competent and experienced service lawyer as ap and lodge complaint with O/o Labor Commissioner. Your lawyer may issue a legal notice. Let your lawyer structure all representation now. You may obtain the residential address and contact details of Supervisor, VP, CEO/Promoters of the company.

this is a suitable hire and fire policy of ur company which indian labour laws do not approve. the advises given by the (L)experts are absolutely ok.......have u consulted any competent service matter lawyer so far...?.....if not so.as u have  mentioned the date....3RD JULY,donot waste time.....but  plz. pay a visit to the o/o labour commissioner and lodge a complaint along with all available documents under ur custody......but ultimately,u have to appoint one lawyer to get rid of this problem.....(one thing u have not mentioned whether station leave permission was granted by competent authority or not....?)   thanks(.)

As per VP my leaves was not approved but my suppervisor has marked leave in the attandence tracker. I have a copy of attandence tracker which suppervisor sent to HR for salary calculation. Company leave policy says that if a person is absent continues 3 days whithout information they company has right to termination on 4th days. But my story is diffrent I have informed my supervisor. If my leave was not athourized then why don't they terminate me on 4th or 5th day ? 

------"Company leave policy says that if a person is absent continues 3 days whithout information they company has right to termination on 4th days." Waht is it company or a Lala Ki Dukan.Even Lala is put under rules. Sahukar/Zimindar/Talukdar/Sarkar are out post independance.

Company has to follow a process of termination. remind the person who has a written this policy.

-----"As per VP my leaves was not approved but my suppervisor has marked leave in the attandence tracker."

Did this VP communicate declinature of leave to you? You have posted that 'I have a mail which I sent to my VP  for 5 days.'

-----"I have a copy of attandence tracker which suppervisor sent to HR for salary calculation." You have something in your hands.

Approach your lawyer at once and notify o/o Labor Commissioner as ap.

Thanks you so much to make clear my points. Can you suggest any lawyer in delhi or gurgoan so that I can approach or if you can handel my case. 

You can conduct lawyer/consultant search at following link:

https://www.lawyersclubindia.com/lawyers_search/

You may click on the name of the lawyer and you shall be guided to their profile and you may find the contact details. Some of the experts are PRO members and you can contact them.

Related lawyers list is given on the bottom of this web page and you can contact them, e.g.

Harbhajan Singh Thukral

PS Dhingra

Adv. Bharat

Your family and near and dear ones can guide you to a competent lawyer.

You may consult your family as well and obtain their wise advice.