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Arpit dwivedi   19 November 2018

for illegal termination and dues clearification

how can I file case against illegal termination and dues clearance and impartial justice


Learning

 5 Replies

Arpit dwivedi   19 November 2018

I was working with fresenius kabi oncology ltd as a executive warehouse from 18th feb 2017.But they are suspended me on dated 12th october 2018 at 19:00PM, without any justification and without any valid reason.When I denied to take suspension without any clarification they mails it on my personal mail id.dated 13th october 2018 at12:14 PM and Before that they are tartured ,harassed and abused at workplace and out of work place also.When I was go through mail dated 13th october 2018 at 13;:57, to our higher management for reporting these type of behavior and my concerns they was gave me show cause notice on dated 15th october 2018 ,at 18:43 for give the explaination within 24 hours the false allegation against management.After that it was puja holiday from 16th october 2018 to 19th october 2018.After that on dated 20th october 2018 office open and then Sunday on date 21st october 2018.it was not sufficient time for me to giving explaination for my compliant against management.And as per principle of natural justice it was not covered for an employee termination by employer because a impartial investigation will happen against that matters.But the management neglecting the law of principle of natural justice where each and every action of the employer is fair and without reprehension.and it's should be carried out in bina fuse manner ,in good faith ,impartially and without putting any stigma on the employee in case of non- miscunductThey was give me termination on dated 22nd october 2018 at 18:24.All action was take intentionally and after office hours also.

G.L.N. Prasad (Retired employee.)     19 November 2018

Contact a local advocate who is experienced in HR as it appears from your post that 'principles of natural justice " were left to the winds by your employer. The suspension is not a punishment that is correct.  But giving a charge sheet on  15th Oct, 2018 and giving only 24 hours time for giving explanation, and without hearing your part of explanation terminating servie is illegal.  What is the actual charge framed against you?

Kumar Doab (FIN)     19 November 2018

What are the charges casting negative aspersions on you?

Do you have copy of appointment letter, Service Rules/service Conditions/standing order (certified pertaining to your designation), Conduct and discipline Rules of establishment?

 

Kumar Doab (FIN)     19 November 2018

While posting such queries employee should post basic information!

What is this establishment; Govt, private, Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

 

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was your resignation accepted and FnF statement issued to you? Did you accept the FnF statement in writing?

Did you submit written representation under proper acknowledgment and did company reply in writing?

 

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

You may revert to relevant points.

 

Kumar Doab (FIN)     19 November 2018

You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, Religious scholars/leaders, etc and  find a very able LOCAL counsel/Law firm specializing in concerned filed of law e.g; Labor/service matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law…

 

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law… Labor/service matters matters.

There are such very able counsels at each location.

Check at LOCAL; Labor Court/CGIT, CAT, School-Educational Tribunal, Civil Courts, HC, SC..

Discuss in person with your LOCAL counsel, Unions.

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Labor/service matters.

Your counsel can examine the finer details of the matter and advise you in person and help to reply to any communiqué issued by company,also.


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