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samir   10 January 2015

Wrongful termination by listed company

Dear Members,

I would like to have advice on below matter which is happened with my brother.

My brother was working in a listed company at Pune and he was travelling between Pune to Mumbai on regular basis for business purpose. One fine day company called him at Pune office and issued termination letter and claimed that he has given false info on his travel claims which is not as per Travel policy of the company.

There was no show cause notice nor they discussed with him on above charges. He has not given chance to put his point of view on false charges. 

I know very well that he has not done any thing wrong with respect to travel claim nor he has overruled any policy.

In such case, please advice me which are his legal option against company.

Thanks in advance for your kind support.

Regards,



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     10 January 2015

Sufficient notice mentioning the reasons for termination to be given before termination to the employee. Natural justice to be done.

Kumar Doab (FIN)     10 January 2015

 

Does the termination order state the reason?

Has the employee minuted the reason in writing under proper acknowledgment and stated that he has not submitted false claim............................and asked to withdraw the termination order?

Has the company paid the travel claim?

Is the employee confirmed or permanent?

It is suggested that employee should consult an able Labor Law Consultant/Service matters lawyer with copies of starting from job advt, job application, interview call letter, selection letter, offer letter, appointment letter, Travel Claim,Travel policy,HR policy, Service Rules and regulations, termination order,any other communication, all communications exchanged till date,  ...................... and understand the merits and options and remedies before you proceed further and start writing to your company.................

The reply to the termination order should preferably be issued thru your able lawyer.

 

The establishment and employee (both) might be covered by Bombay Shops and Commercial Establishments Act,

https://mahakamgar.gov.in/MahLabour/images/pdf/the-bombay-shops-establishments-act-1948.pdf

 

 

 and standing orders ( as per Bombay Shops and Commercial Establishments Act;Sec 38-B:::: if no. of employees is 50 or more standing orders shall apply and if the standing orders are not certified ; Model Standing Orders shall apply

https://pblabour.gov.in/pdf/acts_rules/industrial_employment_standing_orders_rules.pdf

 

and you may go thru Sec13-18)......

Your lawyer may opine that employee can approach Inspector appointed under : Bombay Shops and Commercial Establishments Act, o/o Labor Commissioner, Civil Court……

The employee can also pursue thru :Employee’s /Trade Unions, Grievance Redressal Commiitee, Works Committee…………………

 

Maharashtra has other Acts e.g. MRTU,PULP and the Labor Commisionerate has introduced: PAMS; Personal advisory & managerial Servicate before Concilliation…..


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