Termination

Querist : Anonymous (Querist) 20 November 2020 This query is : Resolved
Dear Sir/Madam

If Company terminate someone on integrity background, does employee deserve reliving and experience letter aside gratuity and other FNF if spent more than 5 years.

Regards
Samy

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kavksatyanarayana (Expert) 20 November 2020
It is an academic query. What is your problem? State full facts of the case.

Advocate Bhartesh goyal (Expert) 20 November 2020
Company can not terminate any employee on ground of doubtful integrity without conducting enquiry and giving opportunity to him to explain and defend himself.Employee is entitled to get all statutory benefits in such situation.

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Querist : Anonymous (Querist) 21 November 2020
I mistakenly forwarded my client list to my mail if and that mail blocked by IT. So technically that data didn't reach to my mail id but as I acted though my company fired me. And they are saying I'm not eligible for any benefits as I spent more than 5 years there.

Please suggest, can I log a case in labour court as I was already serving my notice period.

Rajendra K Goyal (Expert) 21 November 2020
After departmental inquiry, orders of Disciplinary Authority after inquiry need to be referred. Whether orders were appealed?

P. Venu (Expert) 21 November 2020
The facts posted are inconsistent. If you have been terminated, where is the question of Notice Period?

Querist : Anonymous (Querist) 21 November 2020
Dear Mr Venu

As mentioned, I was serving my notice period, And being fired during that duration only. To be more precise after serving 15 days of the notice period and 15 days was left.

Isaac Gabriel (Expert) 22 November 2020
Neverthless, you are entitled for gratuity. Issue notice and file application with the controllong authority for gratuity.

P. Venu (Expert) 22 November 2020
If so, the action is illegal . The employer ought to have followed the due process. You may initiate steps to approach the competent authority/judicial forum.

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