>>> You have posted that:
‘You have informed the office that court has granted the bail to you’.
I shall not be posting anything on pertaining to 498a. For it you may get in touch with LCI expert Mr. Shonee Kapoor.
I am not looking for any agreement or disagreement and in fact I shall only post whatever relevant and meaningful support I can render in this thread for the employee.
My stance shall remain Pro Employee.
>>> The probation period has been extended arbitrarily as it is not due to dis-satisfactory performance during probation period!
Do you have copy of appraisals or ACR whatever it is termed/called in your establishment?
The copy of appraisal form/format and duly filled form……………………………and ACR is to be necessarily provided to employee.
If it is not supplied acquire a copy and also copy of appraisal/confirmation policy/service rules and regulations/standing orders applicable to the policy/conduct and discipline rules………………………………everything even if you have to pursue thru RTI………………………………………Is it stated that in case a matrimonial dispute is pending in court of law………………………………..and bail is granted…………………………employment shall be terminated?
The learned court has granted you the bail.
In a plethora of judgments courts of law have mad scathing comments on abuse of law………………………and in particular pertaining to matrimonial disputes……………………!!
“ Govt. can not cancel the appointment if 498a or criminal case is pending”.
“Held: The conduct of the wife and circumstances of the case make it it graphically clear that the wife had really humiliated the husband and caused him mental cruelty - Her conduct clearly exposits that it resulted in causing agony and anguish in the mind of the husband - The wife publicised in the newspapers that the husband was a womaniser and a drunkard - She made wild allegations about his character - She made an effort to prosecute him in criminal litigations which she failed to prove - The cumulative effect of the evidence brought on record clearly establish a sustained attitude of causing humiliation and calculated torture on the part of the wife to make the life of the husband miserable - Behaviour of the wife was cruel - The husband felt humiliated both in private and public life -
He was treated as an unperson - It created a dent in his reputation - With this mental pain, agony and suffering, the
husband cannot be asked to put up with the conduct of the wife”
NO sermon is warranted on misuse of the law to harass the citizens/relatives etc.
The employer shall not be able to justify its conduct.
Moreover the employer in question is a PSU.
>>> Has the management asked you to settle the case or face termination, in writing?
Do you have any evidence/witness or have you minuted the threat of termination?
Your lawyer may opine to approach HC to prevent the management from termination/stay the termination.
The person whose legal right is affected has a right to appeal.
In addition to your lawyer/counsel, Work’s committee chairman/grievance redressal committee/employee’s union leaders/trade unions leaders you may also approach the forums that advice victims (husbands) of matrimonial disputes……………………………………..Approach everyone and thwart the attempts of your estranged wife and management to terminate you.
>>> I am sending some relevant and useful links including judgments.
The organisations can counsel and guide you.
You may consult your Labor Consultant/Service Lawyer.
