Terminate from service

Ask Chidambaram, the Home Minister of India.

YOu are just kept in remand but you are not proved guilty. Chidambaram is also not proved guilty in the case of his Election petitions, he is only sent for trial by HC. But he had not resigned from not he was fired by Govt. of India. Why one law for them and one law for you?

Sit with a placard in front of your bank : IF CHIDAMBARAM IS NOT REMOVED FROM GOVT. OF INDIA. I TOO SHOULD NOT BE REMOVED FROM MY SERVICES.

A. Raja went to jail and spent 15 months, came back and attended parliament happily. Even going to jail does not take away one's livelihood. These are live examples before us.

The Supreme Court in D.K. Yadav vs. J.M.A. Industries held that "The law must therefore be now taken to be well settled that the procedure prescribed for depriving a person of livelihood must meet the challenge of Art.14, and such law would be liable to be tested on the anvil of Art.14 and the procedure prescribed by a statute of statutory rule or rules or orders affecting the civil rights or result in civil consequences would have to answer the requirement of Art.14. The Supreme Court further held: "It is thus well settled that right to life enshrined under Art.21 of the Constitution would include right to livelihood. The order of termination of service of an employee/workman visits with civil consequences of jeopardising not only his/her livelihood but also career and livelihood of dependents. Therefore, before taking any action putting an end to the tenure of an employee/workman fair play requires that a reasonable opportunity to put forth his case is given and domestic enquiry conducted complying with the principles of natural justice".

Write to the CEO of the Company and if not resolved, file an industrial dispute. Also check if HDFC has certified standing orders and the relevant provisions. If no the Model Standing Order would be applicable in your case

vasudevan

You do not worry. There are government servants also continuing service inspte of having FIR and chargesheet against them. A case is there in the high court of A.P. You can watch hc.ap.nic.in website and see case status no:WP/29898/2011. By giving this case reference you can challenge in the court of law.Meet your lawyer immediately.

Please refer to terms and conditions of the HDFC Bank service. They cannot run such a long enterprise without notifying terms and conditions of service.

What is Standing order and relevant provision you have mentioned in your reply

It is about Industrial Employment and Standing Orders Act, 1946.  It is not applicable for people in white collared jobs, it is applicable for "workman" as defined by Industrial Disputes Act.  There is no compelling provision in Indian law to force any employer, employing people doing white collared jobs to adhere to the provisions of Industrial Employment and Standing Orders Act, 1946.  Because of that reason, it is the right of employer whether to have Discipline & Appeal Regulations and Service rules (for their companies/institutions) or not. That is why the Employers/MNCs can fire the employees at will without conducting any domestic inquiry without issuing chargesheet and without following principles of natural justice.  Many advisors in this forum are also referring to SE Act (Shops and Establishments Act), that is also not for people in supervisory cadre.  For example the Andhra Pradesh Shops and Establishments Act contains a provision as under :

 

73. Exemption :- (1) Nothing in this Act shall apply to

(a) employees in any establishment in a position of management and having control over the affairs of the establishment, whose average monthly wages exceed sixteen hundred rupees;

 

That means this is applicable only to those employees who earn less than sixteen hundred rupees.  I do not know about SE Acts of other States but there also similar provisions would have been made so that white collared job holders do not enjoy any legal recourse if they have any grievance with employer. 

 

Most of the justice relating to white collared job holders is done through civil courts/High courts in our country and they get protection only from judge-made laws not from the laws made by parliament.  That is why I had given the above SC judgment in my previous post.  If you are removed without conducting departmental/domestic enquiry following principles of natural justice, you can go to HC file a writ petition and get the order of dismissal/removal set aside.