Wrong termination

What was the period of contract?

The termination is stated verbally and if yes by whom, the appointing authority or reproting authority?

Since how long the employee is not attending office? Has he received any notice declaring him absconding from job?

You may provide complete details.

Dear Mr. Kumar

 Thanks for the reply

• He has been on contract at the time of Appointment in the year 2005.
•  In 2006 he has been confirmed as per Office Circular.

·         In 2008 he along with other employees has been given the status of permanent employee by the letter circulated by Executive Director as per the Minutes of the meeting held with HR Committee Director’s Meet.

·         On Friday he was stopped after the office hour of 18:00 hrs and was not let to move out of office and he was forced to collect the termination letter along with 3 months salary cheque.

·         He has given a remark on the receipt as received under forced condition.

He has not gone to office from the next day i.e from Saturday and he has not received any prior notice.

The termination letter was given by COO of the company and as per the rule of the organisation, he doesnt has the power to terminate. Any employee can be terminated by the board of Directors or E.D.

 Kindly suggest what to do and how to do?

Thanks and Regards

Vishal 

The employee may submit a representation in writing under acknowledgment addressed to the good offices of appointing authority, ED, Chairman, MD, Company Secretary, with a copy to Head-HR and contest the termination by narrating the facts, and  request the good offices to withdraw the termination order, in writing and supply it to the employee say in 7 days by redg . post, and draw the attention to the comments posted by employee on the receipt. The employee may request in writing under acknowledgment, to the good offices to let him examine his personnel file maintained by the company.

If the good offices do not grant relief, employee may immediately approach a competent and experienced service lawyer with all records and give inputs in person. The lawyer after evaluating the merits may advice to approach o/o Labor commissioner and issue demand notice, or to issue legal notice and approach Civil Court.

Hope the name of the employee is duly mentioned in the circular, letter confirming the services and being permanent employee of the company. If the circular and letter are supplied as soft copy at email id of the employee and printout is available it may help.

The employee may also seek in writing under acknowledgment, an appointment from good offices, and request to confirm the date, time in writing, enabling him to bring the facts in the knowledge of good offices, and explain the matter, and thus obtain justice.