Last Reply:
You have posted that:
---"it is their right to call anything as their intellectual property."
It is not so.This is just being arrogant.
You may minute it. Record all calls.You may if your counsel approaves attach the copy with your emails............or place before lawful authority/court of law.
The misconduct that is not recorded in list of misconducts in standing orders/service conditions is not misconduct.
---"I have been assured that i'll be getting a legal agreement which i signed at their lawyers office through register post(Agreement had all the clauses which are there on the appointment letter after termination especially that i should not work with their compitators for next 3 years)."
You were under no obligation to sign on any agreement that you do not accept.
You should collected the copy on the spot.
The Inian courts of law have consistently been declining to enforce Non Compete clauses/agreements as it hits the right to earn livelihood and Indian Contracts Act.
---"The person said making an employee sign on the backdated termination document is not an offense, "
You make remain firm on your stand that the letter was backdated.
---"Company is exempted from standing order as it deals only with the US, UK and Australian clients. "
The stae govt can excercise its power to exempt.
You have posted that you have confirmed that it was exempted.
However it prompted that you may check again.
---"What is your opinion on backdated termination document when there is clear intention for terminating "At will" within the probationary period? "
You have been termianted after SCN and the order is stigmatic.The inquiry seems to be Sham.Your lawyer needs to prove that it was Sham.
The records of your employer will always show misconduct and termination due to misconduct and it may continue to affect you.
If the matter remains unresolved for say 3 months you can staright away approach labor court (if your are covered by the def. of Workman, Inspector appointed under Shops estbs Act if your are covered by the def. of Employee)
You are being guided by an Employment lawyer and your lawyer can confirm on it.
IF you are not coverd then you need to approach Civil Court and civil court may order to call back termination if and only if you are able to convince on the merits..........................otherwise your claim should be for damages.
Your company is likely to fight tooth and nail to claim that your are not covered by the def. of Employee/workman................................and contarct of personal service can not be enforced in court of law and provisions of Specific Relief Act.
Online discussions have its won limitations and your petition can not be written in this thread.
Beyond this if your are looking for second oipinion , you should identify an able counsel and go for consultation.
Best Wishes.
