Dismissal with out any notice / compensation
Chandrasekar
(Querist) 10 June 2010
This query is : Resolved
Dear Sir ,
I was employed in an Pvt Ltd company ,one man show " The Chairman " who decides on all aspects .
This company follows no leave policy which are basis rights of employees .
Company claims that the dept i worked is in loss ,hence pay cut ,dismissal and forced transfers are in process .
My subordinate was sacked in just a day with two months salary with out any notification to self or to him .
I voiced for such act of management questioning such act and requested for compensation of 1 year salary instead of one & 2 months salary that the company is thrusting on employees on a case to case basis.
The company is a group company,they have given out increments to other departments , they continued to buy luxury cars and so on .
For having raised above issue vide email , the management sacked me too instantly and pushed me out of office with just one month salary .
I requested the management to give me one year salary and also held them liable for my loss of gratuity as a result of such forced dismissal .My service in this organization as a confirmed employee as manager is 3 years and 8 months , Unable to complete the 5 year term due to forced dismissal by the company depriving me of my gratuity .
They did not give any letter of dismissal in writing , the only proof is the email that i send from the office id to the management in copy to my personal email id .
I checked with lawyer .since i was a manager , i cant approach Labor court ,instead i will have to file a civil case for compensation .
Please advice if above is true and feasibility of winning if i proceed legally with a civil suite which involves court fee and lawyers fee with would be a huge amount .
Tks & Rgds / S.Chandrasekar
B K Raghavendra Rao
(Expert) 10 June 2010
You are eligible for contributory provident fund benefits and not gratuity since you have not completed five years continuous service in the company. Since the company as you say is a one man show company, they may play to their own whims and fancies to some extent.
In your case, you cannot force for one year's salary. It is unreasonable. Three months salary is reasonable. As a manager, instead of rebelling, you could have voiced your anger in a different way and in a different forum. You could not manage yourself in the company. A mere e-mail does not become a proof for your aid.
Your claims are hollow and it is better you do not proceed legally lest you would more money than what you claim.
mahendrakumar
(Expert) 11 June 2010
you can get notice pay as mentioned in your employment contract and if nothing i mentioned regarding the same maxiumum 3 months you can claim.
if you want to save the gratuvity,try to compromise with an appology with the management,so that you can continue working there.
it is better no to try legal remedies as it would be costly and time consuming.
Binod Kumar Mishra
(Expert) 11 June 2010
can you tell me in which company you are working and whether they are following EPF facility or not. i will guide you in some other way.
