You have posted serious allegations:
1. Mails from your mail box were sent...................implying the password was known to Mr/Ms..........
Did you report it and do you have evidence? Is the workstation under CCTV survilience and is the footage available? Is the password admin controlled and can anyone find out who logged in and sent emails from your mail box?
Or did you deny in writing with a copy to you that the emails were ever written and sent by you? Did the company initiate inquiry and conclude it.....................that emails were sent by you/not sent by you?
Lawyer well versed with IT/cyber laws can help you.
2. They made sure that you don't get job elsewhere!
How was that done? Do you have evidence of falsification of record or adverse comments in BGV/reference check?
A lawyer specializing in criminal law can help you.
3. They cooked stories!
Do you have any evidence! How would you establish it ?
4. What is the charge leveled in termination order?
Did you contest it?
Did the company conduct any inquiry,issue show cause notice etc before effecting termination?
5. Are you a member of any /IT employees/ other employee's /Trade unions e.g. CITU/INTUC/BMS/AITUC etc.....
The trade unions leaders can help.
6. Did the company supply along with/subsequent to termination order the service certificate,relieving letter, correct FnF statement in original,FnF dues payment,PF number and a/c slips,ESIC card,NOC/NDC etc........
You may show in person the job advt,job application,interview call letter,selection letter,offer letter,appointment letter,HR policy/Service Rules and Regulations/conduct and discipline rules,all relevant communications and record/documents to an able labor law consultant/service lawyer, give inputs and proceed further under expert advice of your lawyer.
Such companies are covered by (Name of the state) Shops and Commercial Establishments Act ( that was enacted to govern the service conditions of employees working in establishments covered by the Act) , standing orders (certified/model) and your lawyer may ask you a set of structured questions and may opine that you shall be covered by the def. of 'Workman' and 'Employee' as in the enactments............
The company has to act in accordance with the provisions of the enactments applicable to it.
These enactments being Act/instrument of law/statue shall prevail upon any private agreement that employer has drafted and signed with employee e.g. appointment letter,contract of employment,...............and private policy drafted by employer e.g. HR policy/KRA's etc....
The employer has to circulate the standing orders and has to supply the authenticated copy of the standing orders to employee even if against a nominal cost say Rs10/.
Employee or any one can obtain the standing orders from CO (certifying officer) that might be the DLC in o/o Labor Commissioner at location of Redg. Office of the company against a nominal cost of say Rs3/page..................The misconduct that is not listed in the certified standing orders may not be a misconduct..............
If standing orders apply but are not certified, Model Standing Orders shall apply that can be downloaded from Dept. of labor website,google or you can buy the latest version from market. Your lawyer shall have the copy.
Employer personally is held responsible for faithful observance of standing orders.
The lawyer that has examined al docs on record and your inputs can advice you the best.
