Termination of employee

MUKUL SHARMA (Querist) 21 January 2014 This query is : Resolved
One person is appointed customer care executive in 2010(muthoot finance limited) and completed his probation period successfully,then he received two increment also. But before few days he has been terminated without any justification or show cause notice.Has he any legal remedy? In which court he can go for relief.

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Guest (Expert) 21 January 2014
It depends upon the terms & conditions of the offer/appointment letter. Nothing can be suggested without examination of the terms contained in the said document.

Rajendra K Goyal (Expert) 21 January 2014
Agree with the expert PS Dhingra ji, depend upon the terms and conditions of employment.

Advocate. Arunagiri (Expert) 21 January 2014
Give a complaint to the jurisidction Labour Officer, the officer will do the needful.

Kumar Doab (Expert) 21 January 2014
CCE should get covered as ‘Workman’ as in ID Act ‘Employee’ as in (Name of the state) Shops and Commercial Establishments Act.

Usually such companies have more than 100 employees Pan India and thus standing orders (certified/model) should apply.

The standing orders should be displayed on notice board and employee can rightfully demand certified copy fro employer and also obtain from certifying officer (CO) that may be DLC in o/o Labor commissioner at location of redg. office of the company, against a nominal fee of say Rs3/page or thru RTI also.

If standing orders are not certified model standing orders shall apply. Employer personally is held responsible for faithful observance of standing orders. The Termination due to misconduct is well defined in standing orders.

AS rightly advised by Mr.Dhingra the affected employee may show standing orders applicable to the establishment, appointment letter, HR policy, show cause notice, reply to show cause notice, termination letter and any other relevant document to a competent and experienced labor consultant service lawyer and proceed under expert advise of the lawyer.