Termination without paying wages

Dear rahul,

What your  Management mentioned reasons in the termination letter is important.  And whether your Jr.colleage and vendor has submitted written acceptance letters to enquiry committee?  such copies are with you? 

You have posted that:

"one day in my absence my Jr colleague booked ticket without informing me and ask companys vendor to add his commission on ticket. I did not sign on bill of that ticket and my colleague and account manager pass bill of ticket and company CFO sign and release payment to vendor. "

"Reason they mentioned in mail is code of conduct."

You have to deny that you have indulged in any misconduct and violated any so called code of conduct and demand to call back order of termination.

They, as per your post, have no evidence against you.

Are you a member of any employee's/trade unions?

have you consulted any able labor Law Consultant/Service Matters lawyer/Law firm? If yes what is thier opinion? 

------------------------------Posted by oversight. Hence Deleted.-------------------------------------

>>> You have posted that:

----“ one day in my absence my Jr colleague booked ticket without informing me”

This is your colleague or your reportee?

What exactly do you mean by …………..that you were absent on that day? Were you absent in office on that day?

----“ Now company investigate that ticket and find mistake and my colleague accept in front of management that he informed vendor to add his commission…………………………………….. and he also told my name that I was involved in this matter…………………………………………… yes Jr colleague write apology letter to company”

What was this investigation? Was it some domestic inquiry?

Were you given an opportunity of natural justice?

Was any show cause notice issued to you?

Did you submit any reply in writing? Did you decline your involvement in writing and demand to call back the termination order in writng?

Did your colleague state so in writing?

Did you demand to supply you the copy of the statement/apology of Jr colleague in writing? Did the company decline to supply it in writing? What evidence the  Jr colleague has against your alleged involvement?

----“ Now they are not paying my 16 days working salary and also 3 months termination money as it was mentioned in my appointment letter…………………………………………….. what are the chances of mine old pending dues”.

What are old pending dues?

You are unlikely to get the termination notice pay from company since you are terminated on Misconduct! The company may even forfeit or adjust  your salary against claim of some loss it may allege.  It may decline even bonus.

Or it may ask you sign acceptance of FnF that it has drafted.

It may decline to provide relieving letter/service certificate even if you accept.

>>>  The termination shall continue to haunt you in future also and you have to mention in job application in future ‘The reason for separation/leaving……………………….as Termination’!

You are likely to get adverse comments in BGV/reference checks.

Therefore and also since you claim that you were never involved …………………………..you must contest the termination and get it called back and reinstated with full honor and back wages!

>>>  What was your designation and nature of duties?

Did you have power (not just recommendation) to sanction increment/leave/appoint/terminate?

Can anyone cancel/amend/change your recommendations?

How many max. number of  person were employed in the company at any point of time?

Does the company have its certified standing orders and if yes: does it cover your designation?

Or Does Model Standing orders apply to it?

>>> Most Imp: Are you willing to contest the termination Order?

Hope you are aware if you don’t it may be recorded as deemed acceptance!

send a well drafted legal notice to employer

You have posted that:

"He was my colleague and I was on leave during that time in office. "

IT companies in Ahmedabad are covered by Gujarat Shops and Commercial Establishments Act ( Previouisly Gujarat Followed Bombay Shops and Commercial Establishments Act).

If 16 days wages are not processed and paid to you then company might have defaulted on PF,ESIC,TDS too...............

Before you write on your own consult your counsels and decide your startegy.

You should get the termination order set aside thru your own skills or thru your counsels or thru court of law.

You may submit final notice  to good offices of appointing authority,MD,Chairman (under proper acknowledgment of course) and demand to call back the bad termination order and reinstate you with full back wages.

If the good offices also do not provide relief, you can approach:

Employee’s unions/Trade Unions leaders
Labor Law Consultant/Service Matters lawyer/Law Firm
And thru them preferably;

Inspector appointed under Gujarat Shops and Commercials Establishments Act,

Inspector appointed under Payment of Wages Act
O/O Labor Commissioner
Highest Officials of Dept. of labor
RPFC
ESIC
ITO-TDS, CIT-TDS
And your counsels may opine that you can lodge complaint u/s 406,420 ,file winding up petition, file civil suit for recovery etc