Ravi Thakur (Party Cheif) 19 May 2012

Wrong termination

Dear Sir/Madam,

I joined a company on 1st Oct,11 as a Sr Engineer Instruments and after one month company promoted me to Party Chief post(Equivalent to Project Manager) on their requirement.As per my interview company offered me a package of 10.5Lac annually and told me to join at site in Arunachal Pradesh and assured me to send my appointment letter there with service contract of one year.I Joined the office at Delhi on 1st Oct,11 and on asking for Appointment Letter Finance peaple told me that they are bit busy and will send the same to site.I joined the site in Arunachal Pradesh on 14th Oct ,11. In Nov,11 as per company requirment they promoted my me to Party chief post with assurence of salary hike. In Jan,12 after review of my performance they gave me a salary hike of 25% on current Sal Package but again on asking for appontment letter they said it will be given to you. After my several telephonic demand of appointment letter they always telling it is with us and will give you. but now last week they mailed me my termination letter with one month notice. It was confirmed me at the time of interview that my notice period will be of 3 months and service contract of 1 year which will be renewed every year. Now they have also holded my April salary and not releasing besides my several telephone calls and mails. Also they did no ever provided me salary slip and deducted PF but never gave my my PF number. Kindly help me what should i do. In my 8 years carrier and my dedication to the service they ruined my name the OIl market. Please suggest me for possible legal action so that this fraud company be lime lighted. In offer letter which i accepted at the time of joining they have only written of 6 months probationary period which had already over in month of March,12. How they can terminate me suddenly when it was being told me that there would be a service contract of one year meinimum. I dont want to let go off these buggers. Kindly help.

Offer Letter and terminatio letter are attached for ref.

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3 Replies

Kumar Doab (FIN) 19 May 2012

There is no attachment with your post, hence offer letter and termination letter could not be seen.

You may obtain copy of the applicable SE act and it might be mandatory to isue appointment order.

As per SE Act applicable to Delhi:

Sec.34

Question.13	What are the legal provisions regarding the issuance of appointment letters?
Answer	The employer shall furnish every employee with a letter of appointment which shall contain particulars such as (a) name of the employer (b) name and address of the establishment (c) the name, father's name and age of the employee (d) Hours of work (e) date of appointment.

30.	Notice of dismissal

(2)

No employee who has put in 3 months' continuous service shall terminate his employment unless he has given to his employer a notice, of at least one month, in writing. In case he fails to give one month's notice he will be released from his employment on payment of an amount equal to one month's pay.

(3)

In any case instituted for a contravention of the provisions of sub-section (1), if a Magistrate is satisfied that an employee had been dismissed without any reasonable cause or discharged without proper notice or pay in lieu of notice, the Magistrate may, for reason to be recorded in writing, award, in addition to one month's salary, compensation to the employee as follows:

The inspector can examine company records and also compliance to various acts including PF. Wages slip is to be issued and supplied.

If the order of termination is bad, you can contest it at appropriate forum.

You may request the good offices to grant you an opportunity and let you know the reason for termintion despite meritorious services renered by you that you want to examine your personnel file maitained with the company.

You may also request the good offices to issue and supply you your PF number. Put everything in writing under acknowledgment.

Approach a competent and experienced service lawyer with all records and give inputs in person.

Anjuru Chandra Sekhar (Advocate ) 20 May 2012

Dear querier,

Most of the employment laws available are archaic they are not of any use for people working in supervisory or managerial cadre. If you have any documentary proof/email from company website showing that they have offered to send appointment letter/service contract, Sec.406 IPC is maintainable. Termination without inquiry without giving a reasonable opportunity of being heard is violation of principles of natural justice. You can approach HC for filing writ petition or civil court for violation of principles of natural justice, but civil court proceedings are very slow, take lot of time.

Kumar Doab (FIN) 20 May 2012

You may post copy of promotion letter also. Is it mentioned that other terms and conditions of your employment shall remain same as mentioned in appointment letter issued to you.

You may report to RPFC that PF was deducted but PF number is not being supplied to you despite many representations.