Termination from the job.
deepak
(Querist) 17 August 2013
This query is : Resolved
Sir,
I have a query and so i need help of yours,i want to know that if a person is terminated from the job who is working in public sector then does he has to pay the whole amount of salary which he has earned from the organisation.
Suppose if i earn 25000/month and get termminated from the job after 5 year of service then will i has to pay Rs.1500000 after the termination of my service?
Advocate Sastry
(Expert) 17 August 2013
No... Any how from where you heard this news ?
deepak
(Querist) 17 August 2013
One of my colleague told he has heard a news where a person is terminated from his job on account of fake degree in banking sector and had to pay the whole sum of salary which he has earned so far in his lifetime,i also found it strange when my friend told me this news and that's why i have put this query infront of you sir.
Raj Kumar Makkad
(Expert) 17 August 2013
Your friend has no knowledge of law and he is just making jocks with you. Don't take him seriously.
malipeddi jaggarao
(Expert) 18 August 2013
Punishment is termination. If the order is specific no terminal benefits will be paid. But salary can not be recovered retrospectively. If the Bank wishes, it can file a crminal case against the discharged employee, normally banks will avoid such actions.
Rajendra K Goyal
(Expert) 18 August 2013
Fully agree with the experts, nothing more to add.
Sudhir Kumar, Advocate
(Expert) 18 August 2013
if termination is on the basis of fake degree the employer may extort the salary back by threatening to file FIR.
deepak
(Querist) 18 August 2013
Yes sir he was terminated due to fake degree,it means if a person is terminated on basis of fake degree one has to repay his total money which he has earned in his lifetime,and if a employer file a case then will he has to pay his whole income or it can be denied by the terminated employ?
deepak
(Querist) 18 August 2013
Yes sir he was terminated due to fake degree,it means if a person is terminated on basis of fake degree one has to repay his total money which he has earned in his lifetime,and if a employer file a case then will he has to pay his whole income or it can be denied by the terminated employ?
ajay sethi
(Expert) 18 August 2013
no he dosent have to repay but as advised by experts company may threten you that they will file criminal complaint against you . for fear of criminal case employee may agree to repay amount earned during the years he was with the organisation
prabhakar singh
(Expert) 18 August 2013
Look getting employed producing fake and forged degree is criminal offence for which not only an employee can be terminated but can also be charged for a crime of forgery and cheating by a lodge of FIR.
And well he can be asked to pay back all benefits(salary) received.
But suppose employee turns deaf to such a demand then employer has only recourse to file a suit of recovery for which limitation would run from the date of disclosure of the forgery and cheating to be counted three years from that date and not from the date of termination.
There can be no other picture of such a case.
And in case it is a PSU employer case all three actions would be inevitable.
In private employer cases it would depend upon employer choice what actions he takes and what does he leave.
deepak
(Querist) 18 August 2013
If the employer agrees to repay money does one has to repay total amount which he has earned,i.e if a employ is terminated after 20 years of his service then his total salary will be Rs.6000000(@25000/month) or only a marginal amount will be asked for by the employer?
Kumar Doab
(Expert) 18 August 2013
You have posted that:
“where a person is terminated from his job on account of fake degree”
“who is working in public sector”
You should have stated this in your very first post.
As Mr. Prabhakar Singh has clarified that “And in case it is a PSU employer case all three actions would be inevitable.” “In private employer cases it would depend upon employer choice what actions he takes and what does he leave.’
It is choice of the employee (who secured employment with fake certificates) to be behind bars or make peace with employer.
The superior offices may comment that act is unpardonable, their hands are tied up due to policies in such a case and they are helpless or they may grant some relief of some nature which can not be predicted.
Plead for mercy.
Employee should not indulge in such practices. Employee should always seek advice of elders and should never commit such blunders.
Raj Kumar Makkad
(Expert) 18 August 2013
You have already been advise in detail by the experts but still you have raised the same question, It seems there is no solution of your disease even with Hakim Lukman.
prabhakar singh
(Expert) 18 August 2013
I have no soft heart for people who are indulged in forgery,impersonation,and frauds
depriving genuine people from their chances
of employment because at state a cast influence politicians comes to rule,make a policy for filling vacancies of their cast,which abets these crimes.Law is with me but unfortunately rulers are not.
malipeddi jaggarao
(Expert) 21 August 2013
My stand on my reply. Whether the PSU asked the employee to repay the salary? It appears it is purely hypothetical question apprehending action for the wrong committed. In PSUs I have not seen any case asking to make good of the salary paid. The action will be:
1) termination following due process - serving charge sheet, conducting departmental enquiry.
ii) If it so chooses, it may file FIR.
But it will not ask for make good the salary already paid. The salary paid is for the work, not for the degree. This is not a ground at all for recovery of salary.
Guest
(Expert) 21 August 2013
No use of posting an academic and hypothetical query. Come forward only when such a problem arises with you.
