Removal of Employee
alok tripathi
(Querist) 28 March 2011
This query is : Resolved
In a Pvt. Company an employee is removed without giving any Notice only by saying that he had misconducted and the same stipulation is given in terms and condition of appointment letter that in case of misconduct an employee is removed in case of misconduct without giving any notice.Can a Company can do so without imitating Rule of Natural Justice so as we know that at the time of employment oftenly employee has to follow all the terms & condition for the sake of employment.
My second question is whether appointment letter is contract between company and employee and if it is than which sort of?
M V Gupta
(Expert) 29 March 2011
The dismissal for misconduct can be done only after conducting domestic enquiery as per law. If the person dismissed is a workman, the employer is bound to follow the provisions of the Industrial Disputes Act. The employee who is dismissed without following the above should challenge the dismissal by filing legal proceedings - if he is a workman, he may file an application for setting aside the dismissal order in a labour Court; If he is an officer he will have to approach the civil court or HC.
