dual employment

Suresh C Mishra (Querist) 23 August 2010 This query is : Resolved
The applicant was in the private employment where the certified SO is applicable, after a some dispute he was dismissed on the ground that he was an beauro chief of Magzine during the period of employement with the company ? Admitedly he was nomiated as said above by the Magxzine but he was not in the employment there, the Mangzine recongnizes him and in order to honour him they printed the name fo the applicant as beauro chief he did not get any of salary and has givne his full time in the work of the company, how this case will be traated as dual employment and being no provioss as such in SO it may be a justified ground for dismissal without any enquiry or providing anysort of oppoirtunity of hearing .

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s.subramanian (Expert) 23 August 2010
First of all termination without any enquiry is basically illegal and void ab initio. It is only a honour conferred on you and hence it is not dual employment since you have not received any salary. The dismissal will not stand judicial scrutiny. It will be set aside. Good Luck.

Guest (Expert) 29 August 2010
YOU HAVE NOT RECEIVED ANY SALARY HENCE YOU CAN TAKE THE SAME DEFENCE AND FILE WRIT PETITION IN HIGH COURT FOR PROMPT REMEDY.YOU WILL SUCCEED.
GOOD LUCK.

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