Unlawful termination from job
Mohit
(Querist) 30 November 2015
This query is : Resolved
Greetings,
I filed case for my unlawfull termination under civil services in feberary 2015. After 4 hearing i got response from second party. now after they have submitted their written statement my lawyer is saying that he cannot pray for reinstatement.
please suggest me what to do as my whole life got spoiled because no company is ready to give me job without experience letter/reliving letter.
Thanks and regards,
Mohit
Kumar Doab
(Expert) 30 November 2015
The query has not been drafted properly so as to convey a clear message.
Do you mean to say that your lawyer has informed you after the reply of OP's that he/she can't appeal to court for reinstatement?
The case is in which court: Civil/Labor?
You were a Civil Servant?
Were you terminated, dismissed, removed............?
The service certificate should be provided to all employees.
Relieving letter
signifies that employer has been separated and nothing is due against the employee.
It is clear that you have posted the query for a second opinion.
Post full facts and details.
Guest
(Expert) 30 November 2015
I have never seen such a poor drafting from a civil services personnel.
However, you need not do anything for the time being except to discuss your real problem with proper background history of your appointment and termination from civil services, whether you took up the case appropriately with the departmental authorities after receiving the termination letter and what was the outcome of your representations/ appeal at the departmental level, etc., and with what reason your lawyer has stated that he cannot pray for your reinstatement.
Guest
(Expert) 30 November 2015
I have never seen such a poor drafting from a civil services personnel.
However, you need not do anything for the time being except to discuss your real problem with proper background history of your appointment and termination from civil services, whether you took up the case appropriately with the departmental authorities after receiving the termination letter and what was the outcome of your representations/ appeal at the departmental level, etc., and with what reason your lawyer has stated that he cannot pray for your reinstatement.
Guest
(Expert) 30 November 2015
I have never seen such a poor drafting from a civil services personnel.
However, you need not do anything for the time being except to discuss your real problem with proper background history of your appointment and termination from civil services, whether you took up the case appropriately with the departmental authorities after receiving the termination letter and what was the outcome of your representations/ appeal at the departmental level, etc., and with what reason your lawyer has stated that he cannot pray for your reinstatement.
Sudhir Kumar, Advocate
(Expert) 01 December 2015
The query conveys nothing.
take help of some person who knows drafting.
Persons working as clerks/stenos have projected queries on this forum which could be understood and commented upon.
Mohit
(Querist) 01 December 2015
Greetings to all,
Thanks for the revert..!
my lawyer is saying that there is no provision for reinstatement for private sector in indian Law.
Guest
(Expert) 01 December 2015
You have asked question about civil services, which are Government jobs, but you speak about private sector. I feel, it is not your personal problem, but an academic query, as you don't know even the difference between the civil services and the services in private sector.
Moreover, you have not responded to my previous observation about background history of the case.
Sudhir Kumar, Advocate
(Expert) 01 December 2015
Are you yourself confusede or just making fool of the forum.
one side you say that you were civil servant which means that you joined service in Govt deptt on sernior post after qualifying UPSC Civil Services Examination (whose cream is appointed as IAS/IPS)
now you are saying that
"my lawyer is saying that there is no provision for reinstatement for private sector in indian Law. "
Now the question is
(I) what prevents you from telling truth to the forum?
(II) what do you gain out of hiding facts here?
(III) do you really feel that you can get any useful advise by telling wrong/half facts.
P. Venu 
(Expert) 01 December 2015
Please post the material facts devoid of your opinions.
Kumar Doab
(Expert) 02 December 2015
The generic answer to generic query is:
'In private sector too courts of law can order reinstatement of employee with full consequential benefits/back wages.'
Beyond this you may approach an able labor Law Consultant with full facts,docs,inputs on record.
K.S.Srinivas
(Expert) 07 December 2015
Answer the queries of experts.
