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ganesh yadav (exeucutive)     03 May 2013

With out any notice terminated from my services

Dear all,

        i ganesh, i was worked in one of the stock broking office at visakhapatnam (andhrapradesh) since 5th july 2011, till feb they are given my salary time to time, suddenly they didnt given my salary frm the month of march, then i asked to my superiour they dint given any reply, i was mailed to all my superiours through my company email id, that time also they didnt given any reply and they stopped my attendance and my company email id also and with out any notice they terminated me from my services.

       i have my offer letter, oppointment letter & confirmation letter, please give a gud advise for me wt i have to do.

Thanks & Regards

Ganesh



Learning

 4 Replies

Anjuru Chandra Sekhar (Advocate )     03 May 2013

You have to file a case against your employer in an appropriate forum. :)

Anjuru Chandra Sekhar (Advocate )     03 May 2013

The company cannot remove you from services without holding a departmental enquiry as to any misconduct which becomes basis for your removal.  It should issue chargesheet and also give reasonable opportunity to you to defend yourself.  Without following these formalities if it removes you can get reinstated into job through court along with backwages. 

Kumar Doab (FIN)     03 May 2013


Attached File : 515100070 ap se act.doc downloaded: 138 times

Kumar Doab (FIN)     03 May 2013

 

The establishment must have registered under Shops and Establishments Act of AP, and must have displayed its registration certificate near entrance on notice board.

This enactment is applicable to all employees as per explanation of employees in this Act.

The name of the employer/representative of employer/agent of employer must be displayed in the registration.

The day company blocked your attendance/blocked email id  may be claimed as the date of termination.

 Have you received the order of termination? What is the reason mentioned in it?

Have you taken printouts of emails sent from official email id?

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

  

You may approach a competent and experienced labor consultant/service lawyer with copies of all of your documents, give inputs in person, and proceed under expert advice of your lawyer.

 

 ---------Shops and Establishments Act of AP, is so Employee Friendly:

 

(2) Def; (8) employee means……………..

 

(9) employer means……………….

 

47. Conditions for terminating the services of an employee, payment of service compensation for termination, retirement, resignation, disablement, etc., and payment of subsistence allowance for the period of suspension :-

 

(1) No employer shall, without a reasonable cause terminate the service of an employee who has been in his employment continuously for a period of not less than six months without giving such employee atleast one month s notice in writing or wages in lieu thereof and in respect of an employee who has been in his employment continuously for a period of not less than one year, a service compensation amounting to fifteen days average wages for each year of continuous employment:

Provided that every termination shall be made by the employer in writing and a copy of such termination order shall be furnished to the Inspector having jurisdiction over the area within three days of such termination.

48. Appointment of authority to hear and decide appeals arising out of termination of services :-

 

 

 

You may go thru a very interesting thread at following link. The employee of a Brokerage/Equity Firm  got reinstated thru case filed under AP SE Act…………

 

https://www.lawyersclubindia.com/forum/Suit-claiming-damages-and-criminal-case-60347.asp

 

 ------You have the option of invoking ID Act or approaching  civil court.

-------Pls take care and do not sign any documnent, acceptance of FNF etc now without consulting elders in the family/competent and experienced well wishers, lawyer/law firm........... 

 

 

 


Attached File : 515095260 ap se act.doc downloaded: 124 times

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