Dismissal
Guest
(Querist) 19 February 2013
This query is : Resolved
I received a show cause notice for dismissal after Enquiry proceedings were completed.Charges were denial of work,abuse and hitting whereas in reality I was the recipient.My increments have been kept in hold while the other person against whom I had raised the case of abuse and manhandling has been promoted.On raising question regarding my increment the HR told it has been done on account of disciplinary action pending against me while the other has received promotion because his case has been closed.The witnesses who happened to be his batchmates spoke against me to save his friend.One witness turned out to be neutral because of management pressure while other risked himself speaking in my favour.These 2 persons proceedings were not carried out in my presence nor have I been given a copy of them.Meanwhile manangement proposed to relieve me by submitting a resignation letter and paying 2 lakh dues(bond amount).Please advise me on this issue.I have submitted reply to notice alongwith resignation letter with 3 months notice separately as management asked for it.Now they want me to leave instantly by paying huge amount.Kindly advise on the case.I am working in PSU.
Kiran Kumar
(Expert) 19 February 2013
Dont leave instantly, as the management is trying to save their skin and simultaneously trying to extort money out of you.
Let them decide on the basis of reply submitted by you. Let the burden of your removal be on the management only.
Guest
(Querist) 19 February 2013
@Kiran Kumar
Thanks for your reply.
They have themselves modified my reply saying this way you have a chance of clean exit but still I have added that I am falsely implicated and hence innocent.On what grounds can I move forth.They are forcing me to move out instantly else they will dismiss me.
Worst case if I am dismissed will it be on 3 months notice and what will be the impact on my PF
Devajyoti Barman
(Expert) 20 February 2013
You better move to CAT for interim restraint order.
Guest
(Expert) 20 February 2013
Dear Mr. Raja,
The information provided by you is quite insufficient to form any workable opinion.
However, based on a little information provided by you, it can be said, when you have already yielded before the pressure of the management to resign, what was the use of posting your query when you have left no chance for your defence against the management pressure, as well as their demand of the bond amount? Your reply in respect of your showcause notice, itself, becomes irrelevant in the wake of your own wrong action, may be under pressure but in the absence of any formal proof about their demand of resignation from you.
Further opinion can be formed only after examination of the contents of your showcause notice as well as your reply and the resignation letter.
Sudhir Kumar, Advocate
(Expert) 20 February 2013
It is a case of cross complaint as apparent. A sound advise cannot be attempted by someone who has not seen the papers.
Guest
(Querist) 21 February 2013
Is dismissal by 3 months notice and what will be the impact on PF (company contribution)in such case
Guest
(Expert) 21 February 2013
Dismissal becomes effective immediately from the date of of issue of order. So, there is no question of notice for 3 months. PF is your money, which you can claim any time after termination/ dismissal from service.
Sudhir Kumar, Advocate
(Expert) 21 February 2013
You have not even disclosed :-
(i) whether employer is Govt or PSU.
(ii) If PSU whether governed by CPF Rules or EPFO subscribing.
regarding procedure of Inquirer and merits of evidence I repeat
"It is a case of cross complaint as apparent. A sound advise cannot be attempted by someone who has not seen the papers. "
Guest
(Querist) 21 February 2013
Thanks for all your replies.
I have mentioned its a PSU and it is governed by EPFO Rules.
Kirti Kar Tripathi
(Expert) 23 February 2013
In which organisation you were working ?
what procedure was adopted by the employer prior to dismiss you from service ? Further what was your designation and nature of job ?
Guest
(Querist) 24 February 2013
Can I bring a stay to the dismissal order show-cause notice by appealing in labour/high court
Kirti Kar Tripathi
(Expert) 25 February 2013
Labour Court has no power to grant any stay. So for as obtaining from stay from High Court or cat or sat as the case may be is concerned, unless you don not disclose the status of your organisation, the answer is very difficult. If the organisation is not fall within the scope of "State" under Article 12 of the Constitution, the High Court can not entertain the writ petition. For getting stay from cat, organisation must be Central Government organisation and similarly for state Goverment organisation employees Sat is constituted.
Guest
(Querist) 25 February 2013
Its a central govt. undertaking under MoD(PSU).Further in the contract its mentioned that termination from either side should be by 3 months notice or 3 months BASIC+DA.I belong to Executive Cadre.
Sudhir Kumar, Advocate
(Expert) 05 March 2013
all PSUs are not covered in CAT jurisdiction.
I agree with Mr Tripathi that Labour court has no power of granting stay.
as seen from your fresh thread at http://www.lawyersclubindia.com/experts/-DISMISSAL--375391.asp#.UTWU_jd17fM you already stand dismissed so the above discussion is redundant.
Guest
(Querist) 05 March 2013
Thanks all.
Can you please tell the time limit for filing an appeal before the High Court.I have not received any 3 months notice or salary in lieu of.Moreover my increment has been withheld and dismissed simultaneously.Also salary for previous month has been stopped.Please tell me the time limit for filing an appeal
Kirti Kar Tripathi
(Expert) 05 March 2013
Since you have to file writ petition, there is no prescribed time limit. But normally Court treats 90 days as normal time for filing of writ petition
Sudhir Kumar, Advocate
(Expert) 05 March 2013
see your new thread. I have given you when and where to file appeal.
Sudhir Kumar, Advocate
(Expert) 26 March 2013
http://www.lawyersclubindia.com/experts/Stay-On-Dismissal-Order-380876.asp#.UVDnyTchHfM
already dismissed and appealed
Raj Kumar Makkad
(Expert) 26 March 2013
Nothing to add more after going through the long discussion over the subject in the light of link provided by Sudhir.
