reason for removal from service
Guest
(Querist) 02 December 2010
This query is : Resolved
DOES IT MAKE THE ORDER OF TERMINATION INVALID IF REASON WAS NOT DISCLOSED IN THE ORDER SERVED TO THE EMPLOYEE AND TOLD BEFORE COURT AFTER THREE YEARS,THAT THE REASON WAS MISCONDUCT?
Guest
(Querist) 02 December 2010
kindly have a look on this query, I shall be thankfull to you?
Devajyoti Barman
(Expert) 02 December 2010
If the employee is contractual then such defect would not make much difference.
Guest
(Querist) 02 December 2010
Mr. Devjyoti Kindly excuse me and dont bother about my queries especially as u r always confusing.
we people come here for assitance of experts and not for experiments.
Thanks a lot.
H. S. Thukral
(Expert) 03 December 2010
When you challenge an order of termination, veiled as termination simplicitor, alleging that it was rather a punishment for an alleged misconduct without the employer giving you an opportunity to defend, the court can ask the employer to disclose reasons and if it is disclosed that it was based upon some misconduct the termination can be illegal for want of addressing principles of natural justice. However if the employer is able to show that he had made discreet inquiries bonafide and consequently lost confidence in the employee, termination shall not be illegal.
H. S. Thukral
(Expert) 03 December 2010
Mr. Barman,
While I deplore the reaction of Mr. Amte, I would like to say that even a contractual employee, if terminated on the basis of an alleged misconduct sans an inquiry, has cause of action against the employer as the termination is stigmatic and violates his fundamental right of a fair trial.
Guest
(Querist) 03 December 2010
Now thats a genuine advice.
Lots of thanks Harbhajan Ji
B K Raghavendra Rao
(Expert) 03 December 2010
No one can be terminated without giving him an opportunity of being heard and also conducting a domestic enquiry for the issues involved. During such a process, the reason must have been disclosed. An order of termination without mentioning the reason is bad in law and not sustainable. You would succeed in court on this count.
H. S. Thukral
(Expert) 03 December 2010
Mr. Rao, please clarify:
If the appointment letter provides for termination of service on notice prescribed in it, whether the employer can resort to this clause, without giving any reasons, and terminate the services or not?
I would like to see any judgment in private sector employment where termination has been held to be bad in such a procedure.
s.subramanian
(Expert) 03 December 2010
I fully endorse the view of Mr.Harbhajan. Principles of natural justice do not distinguish between contract employment and other employments. If the contract between the employer and employee provides for unilateral termination by the employer on notice,then no reason be given by him for termination. If it does not provide for the same,then the employer has to give reasons. I also request Mr.Amte not to be so very intemperate towards the experts. After all, Mr.Barman has given his point of view. It is upto you to accept the same or not.
vijayan
(Expert) 03 December 2010
In this case termination is illegal because , if the termination is within the contract period or in the service period, a charge memo stating the reason for action must be served and the opportunity of being heard is to be given to the party. Stating the reason for termination after three years of termination it self is a ground to challenge the order of termination and for asking compensation.
Parthasarathi Loganathan
(Expert) 03 December 2010
Mr.Bhajji is absolutely correct which is amply supplemented by Mr.Subramanian and Mr.Vijayan as contractual employment solely depends upon the terms and conditions of the contract.
Ahmed Daud Girach
(Expert) 03 December 2010
Yes that termmination order is invalid due to failure of managemrent to give you opportunity of being heard.It is violation of Principles of natural justice.You may raise a Industrial dispute in Labourcourt for reinstatement and back wages.
S.11A of the Industrial Disputes Act provides ,Powers of labour court to give appropriate relief in case of discharge or dismissal.You may apply directly to Labour court with termination order your well drafted and well reasoned complaint
If industrial dispute act does not apply to you you may file a civil suit in civil court (Civil judge J.D.)under S.9 of civil procedure code
Advocate. Arunagiri
(Expert) 03 December 2010
During the probation, the employee can be terminated without assigning any reason.
Advocate. Arunagiri
(Expert) 03 December 2010
I refer the author's remark on Mr.Barman. I suggest the author not to pass any remarks on the experts. When some body is taking pain in responding your query, you should not discourage him, by these type of remarks.
Every body is having there own way of answering, it is up to the person to understand it. If we are not able to understand it, we can not blame other as it is confusing.
I am surprised why other experts are silent on this matter.
Sri Vijayan.A
(Expert) 03 December 2010
Termination depends on the T&C of the contract.
The queriest expect answers/ opinion in his favour. If it is against his expectation, he says the expert is confusing. Then he says genius advice if he gets anything somewhat favourable.
Mr.Amte, try to give full matters try to get actual opinion.
The experts are spending their precise time to answer u. this is a service.
Pl. mind that u have come here, in ur words, for assistance not to critise anybody, for which u dont have any right.
Infact what Mr.Barman has opined is correct, it is ur fault to understand what he said.
Sorry, if possible please remove ur remarks.
Guest
(Querist) 03 December 2010
a simple blow without explanation as done by Mr. Barman breaks the moral of an aggrieved person , that how the reason of termination could be disclosed after three years of termination and that too, when a case was filed before courts otherwise the employee would not be able to know the reason lifelong.
this site is meant for healing wounds and not for scraping them. Anyway I am sorry for other respected members.
ashish lal
(Expert) 04 December 2010
I agree with Mr. Vijayan.Mr. Amte your question is one of fact rather than of law. So you have to bring out evidences to show that the company did not gave any reason to you three year back and the company did not gave an opportunity of hearing to you. BTW this site is not meant for healing wounds, it is meant for giving straight and simple answer to legal queries.
