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Discharge from services

(Querist) 14 December 2017 This query is : Resolved 
Dear Experts ,

I was working with Top IT BPO company , i was being discharge under a code of conduct.

Facts of the Case : I took a loan of Rs.5000/- in the month of August from my friend , he reported this to HR and HR gave a written warning letter werein " This warning was given as per disciplinary policy" Hence i want to read the policy fully , i forwarded the same to my personal e-mail id. After that they called me for a affidavit in Rs.200/- NJ Stamp paper.
Now they are saying that i am being terminated (Discharged ) from services. I was being forcefully discharged from services on 27.11.2017.
My questions are as follows .
1. Can i file a defamation suit against the company
2.Can i get back to same company by having proceeding with Labour court /High court.

Regards
Narayan N
+91-9941842850




P. Venu (Expert) 15 December 2017
No defamation lies; however, the termination does appear to be high handed unless the person from whom you had taken the loan has been your subordinate.
Narayan (Querist) 15 December 2017
Dear Sir

He is not my subordinate .
Kumar Doab (Expert) 15 December 2017
Forwarding/downloading the said policy may not be misconduct.
As per date in your post you have already been discharged.
On what grounds you have been discharged on 27.11.2017?
Kumar Doab (Expert) 15 December 2017
What is narrated on NJ stamp paper of INR200/-?
Did you sign on it?
Do you have a copy?

Do you have a copy of order of termination or discharge?
Dr J C Vashista (Expert) 17 December 2017
You have concealed some material fact of the case.

Mere asking copy of policy does not tantamount to indiscipline, illegality, any sort of violation of rules and/or doubtful integrity wherein your services have been terminated, as alleged.
Dr J C Vashista (Expert) 17 December 2017
If your statement has some truth, which I have all my doubts, consult a local lawyer and proceed legally as the action of employer is against the principles of natural justice and law.


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