Whether termination can be made without notice and without serving copy of order to the adhoc employ
Querist :
Anonymous
(Querist) 24 December 2010
This query is : Resolved
Dear Sir,
I am adhoc employee and served for more than 12 years in an organisation. Two year ago, I challenged the selection process and the court has made the order in my favor and I filed the contempt petition which was closed after the intervention of high court order but the matter is pending for reconsideration
The employer has terminated my services without notice and without serving me the copy of the order
I have filed the petition without order
Please inform whether the employer can terminate the services of any employee on the basis of verbal directions without the copy of the order?
Kirti Kar Tripathi
(Expert) 24 December 2010
Oral termination is always bad in law. In case, your employment is terminated without any notice, even presuming you are ad-hoc employee. such termination is liable to be quashed. However, Court may direct the employer to pass speaking order. I case, a speaking order is passed, the same can be challenge on only valid grounds. Since you have served more than 12 years, I think, there must have any scheme in your establishment for regularization of ad-hoc employee. in case, there exist any scheme, you can claim regularization and simultaneously challenge the termination. as you have already challenged termination, my suggestion is you make amendment in petition and seek regularization on the basis of scheme, if any, in the same petition.
Gulshan Tanwar
(Expert) 27 December 2010
Challenge it in the Court of Law and I am sure that Company will come to compensate you.
