Termination of MR with out deciplinary action by CPSE
Basavaraj
(Querist) 10 September 2017
This query is : Resolved
Dear All,
Recently one of my colleague was working as medical representive has terminated or settled account by pharmaceticals CPSE, with reasons not reporting duty and voluntary services abondment, with out conducting domestic enquiry or giving opertunity to employee.
It is justified under natural justice or company can justify as per CDA rules, what, where the relief may be expected.. Please
Rajendra K Goyal
(Expert) 10 September 2017
Unauthorized absence is good ground of termination.
If due procedure was not followed, he can proceed against the CPSE.
Discuss with local lawyer dealing such matters.
Guest
(Expert) 10 September 2017
Does your case at the following link has any connection with each other:
http://www.lawyersclubindia.com/experts/Criminal-act-by-management-by-invalid-transfer-633326.asp
Kumar Doab
(Expert) 10 September 2017
Dear LCI Querist Mr. Basvaraj,
This thread and other thread is different or same.
Kumar Doab
(Expert) 10 September 2017
Which rule/clause is quoted in Termination Order!
Basavaraj
(Querist) 10 September 2017
Sir, This is different case of my colleague working in pharmaceutical CPSU based at pune, This thread do not have any relation with above mentioned link.
CPSU has not mentioned any rules while setting the gratuity and other dues, except voluntary abandonment of service, with out giving 3 months notice period or opertunity to express the reasons being absent for more than 10 days.. FYI
Kumar Doab
(Expert) 10 September 2017
So as per your post there is NO link, of both queries in both threads.
It is habitual recalcitrant post of IT=@PSD.
Kumar Doab
(Expert) 10 September 2017
The enactments are available at website of dept. of labor of the state e.g;
THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946
THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) CENTRAL RULES, 19461
https://mahakamgar.maharashtra.gov.in/lc-acts-rules.htm
https://mahakamgar.maharashtra.gov.in/images/pdf/industrial-employment-standing-orders-act-1946.pdf
https://mahakamgar.maharashtra.gov.in/images/pdf/industrial-employment-standing-orders-rules-1946.pdf
Kumar Doab
(Expert) 10 September 2017
THE SALES PROMOTION EMPLOYEES (CONDITIONS OF SERVICE) ACT, 1976 Sec. (NO. 11 OF 1976) 1
https://mahakamgar.maharashtra.gov.in/images/pdf/sales-promotion-employees-act-1976.pdf
Kumar Doab
(Expert) 10 September 2017
THE MAHARASHTRA RECOGNITION OF TRADE UNIONS AND PREVENTION OF UNFAIR LABOUR PRACTICES ACT, 1971.
https://mahakamgar.maharashtra.gov.in/images/pdf/the-mahashtra-recognition-act-1971.pdf
Kumar Doab
(Expert) 10 September 2017
GO thru:
Model Standing Orders;13,14 ,15,17,18
http://pblabour.gov.in/Content/documents/pdf/acts_rules/industrial_employment_standing_orders_rules.pdf
Kumar Doab
(Expert) 10 September 2017
Check if establishment has its certified standing orders and relate.
if employee was charged with misconduct and absenting for 10/more than 10 days then in case of misconduct notice pay is not tendered.
Was employee absent?
If yes;why?
Kumar Doab
(Expert) 10 September 2017
IT=@PSD from fake ID's including that have been blackened/blacklisted/shunted out has been littering IT's trademark TAMASHAA, nuisance.abuse at threads at LCI and even profiles of Experts, querists and even LCI Admin...........
Check your profile also.
Kumar Doab
(Expert) 10 September 2017
IT=@PSD has NO insights into matters of your trade but litters IT's TRADEMARK TAMASHAA, abuse, nuisance................
One thread was by another querist posting as MR.............@ Jagtar Singh...........
One thread was by another querist posting as MR.............@ Mrs..........She was terminated on the charge of Non Performance..................and I has posted that there are unions that have represented the employees of the trade at Labor Court,HC, Supreme Court and won the case of their member and management was unable to succeed with charges of Non Performance...........
IT=@PSD by all of IT's multiple fake ID's was shameless in those threads.............
IT=@PSD continuations in those threads also was ZERO.
P. Venu
(Expert) 11 September 2017
He can file a statutory appeal and/or pursue legal remedies if due process was not followed.
Kumar Doab
(Expert) 11 September 2017
The establishment has post termination order hurried to settle dues and supply the payment.
Later it shall claim it terminated in accordance with.................(policy/rule/appointment letter/standing orders etc etc details and clause of which you have not posted).
If term voluntary abandonment has been typed then this must have been inserted in some publication...................
Misconduct is not produced fro thin air................like street magician..
In case you are able to pin point the rules etc then it might have narration of option to appeal.
