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Termination simplicitor- gujarat state public sector unit

(Querist) 17 November 2017 This query is : Resolved 
I was terminated without assigning any reason thereof by issuing a letter & payment of 3 months salary. This happened 3 weeks ago. Is there any way I can get urgent stay on this termination letter through Gujarat High court.
Ms.Usha Kapoor (Expert) 18 November 2017
iF YOU ARE UNDER probation your chances of reinstatement are grim. Otherwise you can challenge your termination order as it is a nonspeaking order.In such an event you challenge the management orders termination being highhanded,arbitrary,illegal,unconstitutional, unfair trade practice and victimization MANAGEMENTS ASSUMPTIONS OF YOUR NOT FIT FOR THE JOB'S BASED ON SURMISES AND CONJECTURES ETC ETC .if YOU ARE A WORKER WITHIN THE MEANING OF industrial DISPUTE ACT YOU CAN APPROACH labor COURT-OR IF YOU ARE AN EXECUTIVE OR OFFICER APPROACH CIVIL COURT FOR DECLARATION TO YOUR POST AND OTHER CONSEQUENTIAL BENEFITS AND REINSTATEMENT.
Guest (Expert) 18 November 2017
No hope! May or may not be your termination order in speaking order, but, don't be in any misunderstanding that on challenging in a court of law your termination order can be cancelled, as you have already accepted three months salary in lieu of notice period.

So, if you really face any such problem, better be practical. Instead of wasting your precious time and money in a court case for challenging the termination order, better concentrate on finding a new good job.

Ms.Usha Kapoor (Expert) 18 November 2017
If you appreciate my above answer please give me likes.
deepak saxena (Querist) 18 November 2017
I am a confirmed employee. No notice or chargesheet has been served to me. I have not accepted the salary, they have put the same in my bank. I am in officer cadre. In view of above I would request Mr Dhingra and Ms Usha to advise further in this regard.
Ms.Usha Kapoor (Expert) 18 November 2017
YOU file a civil suit for declaration of your right to hold the post and perpetual injunction to your employers from unfairly interfering with your right to hold the post which ultimately led to your termination and also pray the court to reinstate you to the post with back wages.
Ms.Usha Kapoor (Expert) 18 November 2017
YOU file a civil suit for declaration of your right to hold the post and perpetual injunction to your employers from unfairly interfering with your right to hold the post which ultimately led to your termination and also pray the court to reinstate you to the post with back wages.
Guest (Expert) 18 November 2017
There is a marked difference between theory and practice in judicial as well as the executive matters. Also, employment problems cannot be solved merely on passing replies to casual description of the problem without discussing background of the case as well as any solid evidence of bias or prejudice on the part of the employer.

If you want to lose your image before other prospective employers, prime time of you career and hard earned money, merely on the name of termination, you must follow the advice of Ms. Usha Kapoor and get some personal experience for future, how far I was correct in my suggestion.

Rest depends upon your own wisdom. I can only wish for your success in the court trial.


Guest (Expert) 18 November 2017
I would like to endorse the views of Mr. Dhingra
Guest (Expert) 18 November 2017
A lawyer should not lose sight of the fact that a client is always put to loss, if the lawyer is found to be unable to make distinction between the functions of judiciary and executive.
Rajendra K Goyal (Expert) 18 November 2017
Refer your terms of appointment, appointment letter, any service conditions signed by you.

They have paid you salary for notice period, any legal step from you have little merits.
deepak saxena (Querist) 18 November 2017
I have shared all documents at Mr Dhingra's ID. I have many examples in my family who were in Govt / corporation jobs and faced similar difficulties and came out with flying colors. My father (retd ACF with MP forest), was suspended thrice during service and reinstated all three times. I have gone through many cases' details of employment termination in Govt sector fought in high and supreme court. Most of the confirmed employees have won these cases. I am unable to find any documentary evidence preventing me/ discouraging me from going ahead and filing a case in Gujarat High court. Can I get details of some good similar cases lost so that my intention to peruse this further faints and I stop thinking about this.
Guest (Expert) 18 November 2017
Dear Mr. Deepak Mishra,

Who is that Mr. Dhingra on whose ID you have shared the documents, as per your statement. At least, I could not find any such document at my ID.

But it seems to be strange to find that on one hand you have stated that you have gone through many cases' details of employment termination in Government sector and in most of the employees won these cases, but on the other you have stated that you are unable to find any documentary evidence that discourages you from going ahead to file the case in Gujarat HC.

Such contradiction on your part is not understood. However, if you feel that your case is meritorious, you don't have the need to get disheartened, go ahead to file a case and set a glaring example on the issue as of some precedence. Rest, about the needed documents, your own paid lawyer would take care of.

Best of luck!
Dr J C Vashista (Expert) 19 November 2017
How the services of an employee (in a PSU) can be terminated without any charge-sheet<
If so, it is strange, illegal and void.
Guest (Expert) 19 November 2017
Dear Dr. JC Vashista,

The event of termination seems to be true. Although not through his own email ID, he made his termination letter available through someone else's email ID.
Guest (Expert) 19 November 2017
@ Shri Deepak Saxena,

My earlier response you your post stands at good stead, as your documents were not received through email ID with your own name. For detailed examination of your problem some more information may be required in your case. For that you may wait for my response through email after examination of your documents.
deepak saxena (Querist) 19 November 2017
ID used in my personal ID in the name of my wife mayanka as my official ID is blocked. Mr Dhingra- Please let me know what other documents are required
Guest (Expert) 19 November 2017
Dear Mr. Deepak Saxena,

A piece of advice from me. Never use your official email ID for any personal communication, what to say of seeking some advice. It is OK if you have used your wife's ID, but it is advisable to get one independent email ID for yourself also.
deepak saxena (Querist) 19 November 2017
I have got a good lawyer and going ahead as advised
Guest (Expert) 19 November 2017
The latest information provided by you is quite pleasing!
deepak saxena (Querist) 24 February 2018
There is a response from my earlier employer that they are not Govt company. Please let me know if M/s Gujarat State Petronet Limited is a Government company as per Article 12 of constitution and high court has power to issue notice to them under Article 226 of the constitution. GSPL is a subsidiary of GSPC which is is 97% owned by Gujarat Goverment. GSPL is registered as a govt Company under section 2(45) of companies act and shown as subsidiary under section 2(87) of companies act under annual report of GSPC. However GSPC owns only 37% share in GSPL.
Guest (Expert) 24 February 2018
Yes, it is correct, it is not a Government company. While Central Government has only 10.99% shareholding, the State Government has nil shareholding.

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