Indusrty law

Querist : Anonymous (Querist) 27 December 2011 This query is : Resolved
i have a company and i appointed a workman for job andgave him salary on monthly basis nd travelling allowances per month spend from his pocket for office work...this amount was different from salary...now the workman have told false information about the travelling allowances and he waised the amount and commiteed fraud..so i the owner of company without giving him notice removed him from my office and suspended him..now he claims that he want his job back i havenot given any legal notice to him..we both had a special contract between us..in contract it was clearly written if any misconduct by emloyer then he will be suspended from office without giving any notice..m i right or wrong...please if any one has dis kind of case related and judgement den do giveme..now he want his post back bt i have given that post someone else..wil reinstatement will be in my favour..

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Deepak Nair (Expert) 27 December 2011
As per the terms and conditions of the contract between you and your employee, you have not committed any wrong if you have suspended him.
But please clarify whether you have suspended him for any specific period or dismissed him from the job forever?
Because, as stated in the query, your contract speaks about suspension and not dismissal.

prabhakar singh (Expert) 27 December 2011
Engage a lawyer,you can afford fees.

Querist : Anonymous (Querist) 27 December 2011
i have dismisal him permanent

Querist : Anonymous (Querist) 27 December 2011
can u tell me reinstatement comes under which section of industrial dispute.

M.Sheik Mohammed Ali (Expert) 27 December 2011
yes, i do agree

Querist : Anonymous (Querist) 27 December 2011
reinstatement comes under which section of industrial dispute.

Devajyoti Barman (Expert) 27 December 2011
Why do you not read Industrial Disputes Act or engage an advocate as suggested above?

Guest (Expert) 27 December 2011
if the matter belongs to Delhi/ NCR, pls mail me the entire thing on my mail.
further call me/ meet me personally to proceed further.

Manoj Kumar,
Advocate,
Delhi.
Ph: 09310443650
advocates.agra@gmail.com

Deepak Nair (Expert) 28 December 2011
Has the person dismissed by you initiated any legal proceedings against you?
if yes, it is better to appoint a lawyer.

Querist : Anonymous (Querist) 28 December 2011
but i m a lawyer only guys...

Querist : Anonymous (Querist) 28 December 2011
and manoj ji dis case is oh mumbai

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