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Victim376 (Manager)     06 September 2013

Employee termination

Dear Member,

One my friend was terminated by his company the reason was only one lady in his office maked fales allegation on him and logged a FIR in a police station, So in that case my frind was more than 25 days in judicial custudy after that my friend got the bail from local court because he was inocent and there is no supportade proff against allegations and now also got the stey on his matter from High court.but still his company HR terminated him without serving him any notice and memo.

So now my question is

1) Can a company can terminate his employee in only base on fales allegations?. 

2) Can he challange his service matter in  any court and also can claim the back wages and loss?.

3) Can he claim his job on basis of High court stay or can only claim after case finish?.(and please advice how much time it will take as HC already stay the case)

4) is there any clouse? as his HR saying that if any employee is more that 72 hours in judicial custudy than not elligiable for his job (as he working in a pvt ltd Bank as a opration head)

5) From HR point of the view if court proved him that he is inocent than what his right to related his job.

So request you to please advice your valuable feedback.

And please beleve my friend is really inocent he never can do such thing he alwayes helpfull person and now this time he is in truble. So I think its my duty to help my friend because he is much worried about his job.

 

Regards

Basant Kumar 



Learning

 5 Replies

Sudhir Kumar, Advocate (Advocate)     06 September 2013

1) Can a company can terminate his employee in only base on fales allegations?. 


 

Ans : Yes. As long as in the wisdom of the company (even without 100% proof) the complaint is true.



Sudhir Kumar, Advocate (Advocate)     06 September 2013


2) Can he challange his service matter in  any court and also can claim the back wages and loss?.

 

 

Ans : Yes. labour court


Sudhir Kumar, Advocate (Advocate)     06 September 2013

 

3) Can he claim his job on basis of High court stay or can only claim after case finish?.(and please advice how much time it will take as HC already stay the case)

 

 

Ans : No. As revealed by you  only criminal case is before High Court.


Sudhir Kumar, Advocate (Advocate)     06 September 2013

4) is there any clouse? as his HR saying that if any employee is more that 72 hours in judicial custudy than not elligiable for his job (as he working in a pvt ltd Bank as a opration head)

 

 

Ans : He has to see standing orders of the company.  Prima-facie the conte3ntionof HR does not appear logical.

Sudhir Kumar, Advocate (Advocate)     06 September 2013

5) From HR point of the view if court proved him that he is inocent than what his right to related his job.

 

Ans : Nothing till the termination is reversed by court before or after acquittal .


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