illegal termination

Querist : Anonymous (Querist) 03 February 2011 This query is : Resolved
1. An employor issue a charge sheet with false charges and starts enquiry against the eployee in a public limited company.

2. The employee challenge the charge sheet and illegal enquiry in court in the plaint of the matter. The Matter is still pending before the Court for hearing. The Employer
Questions:
1. Is this termination letter is binding on the employee in court of law?
2. If this termination letter can be challenged by way of a notice or need to amend the plaint?
Raja Ram

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Kirti Kar Tripathi (Expert) 03 February 2011
1. if the charge sheet and inquiry is not stayed, employer can terminate your service.

2. yes, termination can be challenged but if it challenged by way of amendment in present suit, reinstatement is not possible, however you can claim damages and compensation as it is settled principle of law that contract of personal service can not specifically enforced.

Advocate. Arunagiri (Expert) 03 February 2011
1. If the court had not granted stay, the termination letter is valid.

2. You need not amend the plaint. The court is having power to set aside the termination letter in the final order.

Guest (Expert) 03 February 2011
Dear Author of the query,

The following points are not clear from your query:

1) Whether the termination is by virtue of ex-parte inquiry, or the employee participated during the course of the inquiry proceeding?

2) Whether the writ was filed in he court of law before start of inquiry proceeding or during the course of inquiry proceeding?

3) Whether you were able to get any stay order of the court on the inquiry proceeding when the case was filed in the Court of Law?

The solution to your query can depend upon your clarification.

PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi-110089
Mobile: 09968076381
[dcgroup1962@gmail.com]

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