Amit Arora (Law Student) 09 February 2012

Lawyer/advice required in delhi

Dear Experts, I had joined a leading broking house (Ltd Company) in Delhi in Operations Department in July'2010 and working in the same company till date also. Recently I had a professional dispute / arguments with the management regarding my increment/ appraisal, which was a very petty amount and hence, I requested them to review my performance and profile and do the increments accordingly. The said argument/discussion may have hurt their personal ego hence, the management has served me a 30 days (ending in Feb end) notice to leave the job. 1) The offer letter and appointment letter does not talk about such 30 days Notice clause from the employers side.... Can the company remove me forcefully from the job citing such reasons that my position has been abolished? 2) What legal actions can I take against my company for such forceful removal? 3)They had given me increments and performance incentive in December' 2011 and have served me 30 days notice in Jan'2012 (after a month). The company is giving contradictory statements...one one hand they are saying that for cost cutting, they have abolished my position and on the same time, they are also saying that my performance was not good. 4) I have never been given any warning letter by the company during my probation period of 1 year and till date also so can they terminate me on the grounds of non-performance ? 5) Is it possible to take a stay orders from the Court on the 30 days' notice issued by the company? Please suggest me the further course of action and provide your valuable advice. Thanks

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Kumar Doab (FIN) 26 February 2012

It shall be appropriate to show you’re appointment letter to a competent and experienced service lawyer, and give inputs in person as ap. Your lawyer shall be able to frame a strategy and structure the representations, and may choose to issue a legal notice.

One of the prominent lawyers on Labor Law from Delhi listed on LCI is

Mr. Harbhajan Singh Thukral

You may click on his profile and establish contact.

You can do lawyer search at LCI portal.

Under the termination clause company must have expressed the notice/notice pay in lieu of notice of termination. If some notice/notice pay in lieu of notice of termination is applicable to you it can be implied same is applicable to employer.

You may obtain the copy of the certified standing orders of the company which are to be circulated to all employees, or are kept at HR page of the intranet of the company and are to be displayed at the gate. These may be available with the concerned HR personnel and you are within your rights to get these. If certified standing orders are into applicable then model standing orders shall be applicable.

You have posted that :-

“they are saying that for cost cutting, they have abolished my position and on the same time, they are also saying that my performance was not good.”

You have posted that company has not issued any stinker/memo/show cause notice/charge sheet to you and probably has not arranged any training programme to help you improve your performance if at all it was bad/poor/below the mark. You must take out your performance data, copy of appraisal if any has been conducted, all appreciation mails, letters, and incentives earned, and all other favorable record etc, and forward all mails to your personal email id or take printouts, and prepare a file.

You must request in writing by letter followed by email addressed to the good offices of your appointing authority, MD, Head-HR, Company Secretary to allow you to inspect your personnel file maintained at Ho of the company, and issue reminders, and mention that you have been charged in office by Mr/Ms……………….dept………..designation….on dated that your performance is bad, while on the contrary your performance is……….( mention details) and cover all points and conclude that the notice of termination should be called back..