Adv. Sunil (PARTNER) 06 April 2011
What is the relief to an employee of a Pvt. Ltd. Co. who is sacked without assigning any reason for the Termination of his service. Can the employee hold the co. or its Directors resonsible for the Termination. Can he claim compensation for damages and the mental tourture caused to him. Pls advice. The company is regd. in mUmbai. Will require a lawyer in this behalf so requesting you all to advice accordingly.
AAK (Advocate) 06 April 2011
you have not elobrately explained regarding terms of employment. however, from the said fact it can be said that yes compensation can be claimed... appropriate forum is Labour court.
Adv. Sunil (PARTNER) 06 April 2011
Ajitji,
terms of employment are normally the standard one, but hardly they are adhered to. some of the terms are Termination notice is to be given, Period of Notice to be one month, Termination can be without assigning any reason, no oppourtunity to be heard etc.... Many of the terms are in violation of the Fundamental rights and rights under humanitarian grounds. Also the employee has not be given any relinquish letter or termination letter officially but is restrained from attending work and terminated by word of mouth.... Employee has completed the initial six months of probation period.
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