Seeking suggestions for legal remedies

Querist : Anonymous (Querist) 25 February 2011 This query is : Resolved
Dear Sir

One of my friend, he has been working as Manager in MNC since 2007. Just a few days back he was terminated on the charges of submitting faked bills/receipts. No showcause notice was given, the same day she was called for oral explanation and forcefully confession letter was collected and was terminated from his service. (All was done on the same day). We want to legally proceed to claim the legitimate rights from the employer. Please give your opinions/suggestion.

Chandran

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Kirti Kar Tripathi (Expert) 25 February 2011
Your friend can challenge the termination but he has remedy only in Civil Court, where reinstatement is not possible. However he can claim damages and compensation for which he has to pay huge amount in court fee and it will also take considerable time.

Ajay Bansal (Expert) 25 February 2011
How it would be proved that confession of your friend was taken with force.However if it is proved, then your friend can get relief in civil court.

Guest (Expert) 28 February 2011
Everything done in a single day, itself, denotes that the management was in a haste to terminate you friend without serving any show cause notice, or charge sheet and allowing her any opportunity to defend herself.

Your friend may first submit an appeal to the appellate authority in the company, as must have been prescribed in the Discipline and Conduct Rules of the company for employees. If the appellate authority also maintains that order you can file a case against the company against terminating her services without giving her proper opportunity to defend herself and for reinstatement her in service.

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

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