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Laksh   06 October 2015

Termination from job, not falling under workmanship

Hello

I was Employed with MNC as a Manager in '2013.

I got confirmation letter signed by MD on suitable completion of probation period of six months in '2014.

I was given termination letter in 2014 without showing any reasons,after 15 months of service.

Before me MD has taken forceful resignation of two senior employees and 4 junior employees.

After termination, Managing Director was not giving my passport back and I had to file a Police case.I received my passport back in Police Station.

My salary was more than 1 Lacs per Month but didnt have any power or reportees. All lies with MD.But due to salary I may not fall under worksmanship category and I have to file Civil Case.

I dont have job since long.

Can I file a case in High Court and challenge this termination ? Re Instatement ?

Can I claim my compensation of unemployement ? 

Company is MNC but very small in India, having 50 employee and turnover of  40 Cr.

Based at Pune, wakdewadi.

THis is for the first time I am involving self into Court matter.

Pls suggest. 

Thanks



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     06 October 2015

  • Both the employee and employer are normally entitled to a minimum period of notice on termination of employment.
  • Notice periods should be one of the main terms and conditions of employment and included in the employee's written statement. so without proper reasons the employer cannot terminate an employee. Arrange to send a legal notice thrugh a lawyer.
  •  

Laksh   09 October 2015

Hello

I was Employed with MNC as a Manager in '2013.

I got confirmation letter signed by MD on suitable completion of probation period of six months in '2014.

I was given termination letter in 2014 without showing any reasons,after 15 months of service.

Before me MD has taken forceful resignation of two senior employees and 4 junior employees.

After termination, Managing Director was not giving my passport back and I had to file a Police case.I received my passport back in Police Station.

My salary was more than 1 Lacs per Month but didnt have any power or reportees. All lies with MD.But due to salary I may not fall under worksmanship category and I have to file Civil Case.

I dont have job since long.

Can I file a case in High Court and challenge this termination ? Re Instatement ?

Can I claim my compensation of unemployement ? 

Company is MNC but very small in India, having 50 employee and turnover of  40 Cr.

Based at Pune, wakdewadi.

THis is for the first time I am involving self into Court matter.

Pls suggest. 

Thanks

L.K.Saravanan (Advocate)     30 October 2015

Dear Laksh

You had not mentioned the notice period , normally in any offer letter there is a provison for both (Employer and Employee ) regarding termination or resigination time frame , If the management breached the contract you can sue them with help of a local lawyer , but my suggestion is to search another job with free mind other wise you will be put in unnecessary trouble and cann't concentrate in next job. Go ahead in search of your future you will find Good company  ,Best of Luck.


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