Termination

This query is : Resolved 
 

(Querist)
05 December 2018

Hi there,
I am working in a corporate hospital,i met with an accident and had fracture i started getting treatment in some other hospital..i intimated regarding my accident on the same day to my team leader..when i got discharge from hospital i called them..they issued me warning letter for absence..and after 14 days of non response they will issue termination letter otherwise i have to seek treatment from my hospital..
I have cleared a central govt exam..experience was not asked for this job but i mentioned it..if i show termination letter as experience will it be considered?


Shailendra M. Deshpande (Expert)
06 December 2018

Termination shall be considered as "negative" in any career. For confirming your experience, it is advisable to get Service Certificate. Better you get your name cleared first from earlier organisation because in future it may called for Employment Verification. At that time such termination case may affect adversely on opportunities.

Isaac Gabriel (Expert)
06 December 2018

Try to convine the angement about tyour predicament. If you are sure of your selection, resign the job..

KISHAN DUTT RETD JUDGE (Expert)
06 December 2018

Dear Sir,
Yes, your termination was on medical grounds as such it does not effect your entry into Central Government job.

Please mark “LIKE” if satisfied by my answer.

Kumar Doab (Expert)
06 December 2018

While posting such queries employee should post basic information!
What is this establishment; Govt, private, Commercial, Industrial?
What is its nature of business say; IT, ITeS?
How many persons are employed in it?
What is your designation and nature of duties?
How many persons report to you?
Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?
You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Do standing orders (model/certified) apply to establishment and your designation?
What is notice period as per appointment letter/offer letter and what was notice period tendered by you?
Was your resignation accepted and FnF statement issued to you? Did you accept the FnF statement in writing?
Did you submit written representation under proper acknowledgment and did company reply in writing?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?
Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?
Are you a member of employee’s/trade unions?
Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?
You may revert to relevant points.
Name of company etc is not required so don’t post names etc .

Kumar Doab (Expert)
06 December 2018


The query posted by you is;
“Hi there, I am working in a corporate hospital,i met with an accident and had fracture i started getting treatment in some other hospital..i intimated regarding my accident on the same day to my team leader..when i got discharge from hospital i called them..they issued me warning letter for absence..and after 14 days of non response they will issue termination letter otherwise i have to seek treatment from my hospital.. I have cleared a central govt exam..experience was not asked for this job but i mentioned it..if i show termination letter as experience will it be considered?”

You had informed the team leader and must be having evidence e.g; call record/SMS/email/POD of letter/ messenger sent by you etc
The team leader could have taken compassionate note and inserted information in internal records and or affirm that you infomed of sickness.
Usually in cases involving sickness and more so; fracture the establishments take lenient note and allow submission of sick leave upon joining.
Apparently in your case the establishment and attorney’s of employer in Line Management/HR etc have decided to press misconduct and deny notice pay etc.
If possible settle the matter amicably and establishment may accept your explanation/approve sick leave and withdraw notice.. and accept your notice of resignation/waive off notice period and issue acceptance of resignation/FnF statement/relieving letter with good comments…
Or you can submit suitable explanation and approach good offices of appointing authority, MD,CEO and get relief and get relieved with good comments…

Kumar Doab (Expert)
06 December 2018

Or get relief from designated authorities in Dept. of Labor if you are covered by the def. of workman as in ID Act, ‘employee as in Shops & Estbs Act etc ,
e.g; ALC/ALCC, Inspector appointed under in Shops & Estbs Act
Labor Court/CGIT
Civil courts

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Labor/Service matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
Obtain proper legal opinion in writing!
Avoid acting on your own on hearsay.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.
Such IT’s and entities keep on poping up at online portals with fake and new ID’s after their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.
There are such very able counsels at each location.
Check for such counsels at LOCAL; Labor Court/CGIT, CAT/School-Educational Tribunal/Civil Courts, HC, SC,..
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Labor/service matters.
Your counsels may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.
Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.
There have many instances of such entities operating with multiple fake Id’s at online portals.


The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.
Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE.
IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.
In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.
You can go thru/search the cases contested by any Lawyer at court website.

Download rtghe leave rules, service rules, conduct and discipline rules of establishment…
Submit resignation also under proper acknowledgment..
In future submit intimation under proper acknowledgment and maintain irrefutable written record.

Kumar Doab (Expert)
07 December 2018

Your sick leave/ intimation is not acknowledged by establishment and hence IT is not termination on medical grounds.

The approach of establishment is on misconduct.

Dr J C Vashista (Expert)
09 December 2018

Get the order of "termination" quashed by appropriate Court through a local prudent lawyer, otherwise it would be against your fresh appointment(s).

Kumar Doab (Expert)
12 December 2018

So far, as per query order of termination is not passed, issued, and supplied.


Time to reply ( to SCN) is provided and may be duly replied preferably in consultation with your own very able LOCAL counsel as already explained.
Subsequent to query and illustrated posts, posted to help you ; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.
Obtain proper legal opinion in writing.









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