gate off
Sarvesh Kumar Sharma Advocate
(Querist) 18 September 2009
This query is : Resolved
friends,
my client was working in a factory as store incharge from last 15 yrs.
there r two stors r in that fectory.
unit-1,&unit-2.
my client was posted on unit-1 and a theft was commited on unit-2.
there is no relation of unit-1's store incharge with unit-2.
case of theft was ragisterd in to the police station,
police call to all store incharges for investigation and when police investigate that my client has no fault then leave them and other incharge was arrested in to the theft and send him jail.
on next day when my client was went to his job then a notice was affix on the gate of the factory that my client has been terminated by the job because he is highly involve in the theft and he has more assets then income!
however both alligations are falls nither my clinet involeved in the theft (because original accused have been arrested by the police)nor my client has any assets except a normal house made in 100 meters by bank lone .
so,what is the remedy of my client to get their job with respect.riven
R.R. KRISHNAA
(Expert) 18 September 2009
It appears from your case that no proper departmental enquiry has been conducted before terminating your client. This is against the principles of natural justice and also against law. Hence your client may state these facts and file a petition before the Labour commissioner and seek reinstatement of the job.riven
Raj Kumar Makkad
(Expert) 18 September 2009
Your cleint is/was an incharge of the store so he is not a labour and is not covered to avail the benefits of labour department rather he can either file a civil suit or can also approach High Court in case the department is covered under the definition of State. No person is liable to be condemned before he is heard and in the present matter law of land has grossly been violated before terminating his services and he has also been defamed in public view. Your client can also initiate defamation proceeding against the management additionally.riven
