Resignation & termination


Can company terminate an employee if FIR is registered against him under sections 498A, 312, 313 & 34 of IPC. Employee has applied for AB and he is still not arrested.

 
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Innocent until convicted - the general principle we follow in the Indian Legal System. If your company has policies that it wont employ any person convicted with criminal offences, it may terminate your service after your conviction but not if a complaint or fir is filed against you.

 
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Advocate

Sir, How would you justify that he has committed something wrong and justify his dismissal ..... Warm Regards Kapil Chandna Adv 9899011450
 
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Consultant & Legal Analyst

Different companies have different set of service rules. So you are required to go through the provisions of service rules for the employees, as prescribed by the company.

 
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advocate/counsel supreme court

in your case your company exceeded its right to terminate., if there is no terms and conditions on your employment contract with the company.

 

FIR  registering in your matter is not some serious criminal offence, as there is a law under which divorce is subsisting.

 

but any way, my advice is if you could compromise with your spouse then there might not be similar such troubles, provided nif you could appreciate , meaning of marriage is   that each would honor the fundamental right of the other that is called mutual acceptability as democracy is that only when your own country is a democracy there there could not be any arbitrary behavior by anyone against the other but same rule applies more so in a married like, if done with prudent living mechanism life should be smooth is my advice to u, though u had not asked  me on this  aspect, but i volunteered as a man who lived and living a married life for over five decades, after all we as husband and wife had several times serious differences that never led us to any kind of divorce ,nor even we ever uttered any such word connoting a divorce that s called the marriage, that way we are living peacefully in our octogenarian lives! 

 
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FIN

 

You may go thru many of the articles and judgments posted at forum (weblink given below),that would help you to think out of the box :

http://menrightsindia.net/

FIR is nothing but first information report and not a judgment by court of law holding you guilty.

Private policies or rules of the company are not law of the land.

Become member of Employee’s/Trade Unions and pursue with good offices of appointing authority,MD,Chairman…………….

Everyone knows that these sections have grossly been misused.

 

Download the service rules and show these to your lawyer specializing in Labor law/service matters.

 
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