Termination from contract service

Hi Chetan

To give you the correct standing of your case, need to cross check your contract. 

Hi Mansie Madam, Please find my Contract Terms to which i have signed, Also please give me your contact if you are practicing in Bangalore.

Your query is absolutely silent about the dates and this a hindrance in understanding the correct position.

You have left things to imagination and deduction which indicates that :-

(I)    You were on contract service.

(II) Contract was about to expire.

(III)                      You were suspended

(IV)                      Soon your contract came to end and you were relieved.

Your specific questions can be attempted as per given facts as under :-

1) When i was under suspension, can they terminate me without giving Notice/ revoking my suspension quoting my performance as the reason( For which also i have not been given any show cause Notice or Warning) ?

GIVEN FACTS INDICATE THAT THEY CAN DO SO.  EVEN IF YOU WERE NOT SUSPENDED YOUR CONTRAT WAS ABOUT TO EPIRE.

2) How valid is my Suspension, when there is no enquiry initiated?

GIVNE FACTS DO NOT SHOW ANY ILLEGALITY OF SUSPNESION.

3) Will I be under suspension if i am reinstated through Labour Court for my performance?

and to get cleared the suspension in Labour Court itself

YES THEY HAVE CHOICE TO CONTINUE SUSPENSION OF EMPLOYEE WHO WAS TERMINATED UNDER SUSPNESION. THIS FORUM HOWVER CANNOT BE SPOKESPERSON OF THE LABOUR COURT WHILE THE CASE IS YET TO BE FILED.

 

No concrete and final view can be expressed without seeing the papers.

You were under contractual employment and not a confirmed staff.

The suspension was handed over to you on the basis of preliminary inquiry.

However, since the performance issue cropped up, the competent authority by the virtue of it's power to invoke the terms of employment contract, has initiated action to terminate your services by giving you the service benefits on termination as per contract.

As your case may not fall in labour court, you may approach high court with a writ petition or state administrative tribunal with a petition venting out your grievances seeking intervention and relief.

Suspension and termination are two different connotations with altogather different implications.

Half pay during suspension is valid.

Termination from service (although contractual) is invalid and illegal, despite the fact I have not gone through the terms and conditions of your appointment.

It would be better to contact, consult and engage a local prudent lawyer practicing service matters for analyses of facts/documents, professional advise and necessary proceeding.

Since the contract is one sided fully supporting the Employer.

 You only case is that you were suspended on false allegations, and no enquiry was conducted and for that file writ petition, you will get good relief. They were supposed to terminate the contract but they followed wrong procedure and that is liable to get reversed.   

I am practising in Delhi. But if you wish I can connect you with someone practising in Bangalore

Becareful. Some immigrants at workplaces are  harassing everyone new. So what get a job and live happy. Give a police complaint so that they won't attack you at your next workplace. Live a peaceful life and ignore cheap mindsets working with you. Sometimes management is taking advantage of beer drinkers and smokers under the pretence that their health is getting spoilt if you sit next to them. Everyone is dirty and toxic filled and unhygienic cause no one goes to gym. Go to workout and live a healthy life.

Dear All,

I didn't have any administrative or managerial powers, and had no one reporting to me throughout my tenure, Labour Office is refusing to register my case stating salary limitation to be limited to Rs.24,000/month, and I will be able to directly file my case in Labour Court. Please clarify on weather I can directly file case with Labour Court in the present matter.

My current salary was Rs.65,000/month

Regards,

Chetan B V

The last time I had a fight with a manager who hit me, i went to police station. Police poor people are to get me justice by asking me to go to a lawyer and fight workplace harassment from North Indians and bangalore hr. I went there and they told me to go to labor commissioner. I went there and he said I'll get your salary back and promised to get my job back

He got  my salary back and wanted me to rejoing old company. I said it's a useless company. Then i asked him about how to punish the manager for workplace harassment and he said log a police complaint. 

These constables and police want to make Indian citizens spend money on transport to court, lawyer fee, without justice. Why? To make GDP grow nominally.

Originally posted by : Real Soul....

Since the contract is one sided fully supporting the Employer. You only case is that you were suspended on false allegations, and no enquiry was conducted and for that file writ petition, you will get good relief. They were supposed to terminate the contract but they followed wrong procedure and that is liable to get reversed.   

i given facts do not show it as terminated contract.  the facts decribe it was non-renewed contract.

So next send messages to your contractor

Send an email saying that they are chatting about movies and where to get ambur biryani during work hour

Email saying these ppl speak bad English

Email saying they are lower castes

Email saying they like lewd and nudity including p*rn

Then your grounds are strong to file a complaint

Make sure all of the above are correct and record your training and conversation 

No definite suggestion is possible unless documents are perused, facts ascertained and issues discussed.