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Prasant (manager)     29 January 2014

Stay on job suspention

Hi,

One of my friend who is working with one of the tata company, opened a private limited company in partnership with me. Now some how company found it out and suspended him from the job and setting up a domestic enquiry for the same. My question is he can move to court and get stay on the suspention.

Thanks



Learning

 2 Replies

Kumar Doab (FIN)     29 January 2014

Kindly look into the standing orders applicable to the establishment and extended to the designation of employee, appointment letter, service rules and regulation and check if it mentioned that employee during employment can't enter into gainful employment/association/venture elsewhere............................

If it is stated then it is doubtful that the employee shall succeed.

However it shall be appropriate to show all the docs to a competent and experienced labor consultant/service lawyer and proceed under expert advice of the lawyer in this matter.

The lawyer that has examined the docs and merits shall be best placed to advise in such a matter.

Valuable advise of learned experts/members is sought.

Sudhir Kumar, Advocate (Advocate)     29 January 2014

agreed with Mr Kumar Doab


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