Illegal termination
Humayun Khan
(Querist) 21 July 2014
This query is : Resolved
MY NAME IS HUMAYUN KHAN. I WAS WORKING AS FINANCE OFFICER IN A 2 STAR EXPORT HOUSE AT KANPUR M/S SUPER TANNERY LTD. SINCE 01.12.2007. ON 21.06.2014 MOHD. IMRAN (DIRECTOR FINANCE)PUSHED ME OUT OF THE OFFICE INSTRUCTING THE GATEMEN THAT I SHOULD NEVER BE ALLOWED INSIDE THE PREMISES AS I PROTESTED BEING MARKED ABSENT FOR TWO DAYS FOR VIRTUALLY NO FAULT OF MINE. SINCE IAM A PERMANENT EMPLOYEE I WROTE EMAILS AND A LETTER DEMANDING PAYMENT OF STATUTORY DUES AND IN THE EVENT OF NON PAYMENT COMPENSATION. THE COMPANY HAS NEITHER REPLIED TO MY EMAILS AND LETTERS NOR ACCEPTED THAT THEY HAVE ILLEGALLY TERMINATED ME TILL DATE. WHAT LEGAL REMEDY DO I HAVE NOW. KINDLY ADVISE.
Guest
(Expert) 21 July 2014
In the absence of any termination letter, why do you presume that you have been terminated?
You could have lodged a complaint with the police the same day your entry was banned in to the premises by the gateman to discharge your duty as an employee without issue of termination letter. You can do now, provided you have all the documents relating your employment, etc. You can also seek escort of police to get entry in to office and let them see for themselves that your entry in the office is bartred illegally.
Vidhi Joshi
(Expert) 21 July 2014
You cant be terminated without giving proper notice as stated under your appoint ment letter
Humayun Khan
(Querist) 22 July 2014
Dear Dhingra Sb.,
Many thanks for your invaluable advice. However after such humiliation in front of everybody even I do not want to go in and work there. I do have the pay slips for the last 06 years but unfortunately I do not have the appointment letter since none of the employees have been provided in my knowledge.
I have repeatedly tried to elicit the response from the management about my termination or otherwise but they have kept mum even to my letter.
I would like to know what legal remedy do I have. Which would be the appropriate forum to seek it. Alternatively I have even tried to negotiate by writing that the company gives me my termination letter and dues and I will not seek compensation to which the Time Office fellow has called and informed me to collect my dues after submitting resignation. The dues are salary, bonus, leave, gratuity and 01 months extra salary in lieu of notice i.e. notice pay.
Kindly advise.
Rajendra K Goyal
(Expert) 22 July 2014
Consult a local lawyer and send legal notice for your claim.
ajay sethi
(Expert) 22 July 2014
submit your resignation letter if company is willing to pay your dues . litigation is long drawn process .
Guest
(Expert) 22 July 2014
Dear Mr. Khan,
That your additional information very clearly makes it clear that the company is running illegally without providing any document to the employees. The system therefore needs to be reviewed with reference to the some record at least, which may provide some information about the staff strength, salary structure, drawal and disbursement of salaries & wages, besides communications exchanged with you by the management.
Also, it would be better, if you try to collect some audit reports and meet personally some labour & services laws experts and discuss at length the whole problem giving total background of your appointment, etc.
Otherwise, in the absence of any documentary evidence, even the police may not be able to help you if they state that you had never been their employee.
Humayun Khan
(Querist) 22 July 2014
Dear Dhingra Sb.,
I forgot to mention that the company has submitted authority letter to Customs stating that Iam authorised to sign Invoices, Shipping Bills, GSP etc. To this end a Resolution from the Board of Directors has been prepared and submitted. This would at least prove that I have been a permanent employee apart from the salary slips and HDFC Bank statement of Salary Account.
Would these evidences be sufficient to take the company to court.
Kindly advise.
Guest
(Expert) 22 July 2014
These evidences can prove to be quite crucial to establish your rights.
Raj Kumar Makkad
(Expert) 23 July 2014
I do agree with the advice of Ld. Dhingra Sir.
T. Kalaiselvan, Advocate
(Expert) 24 July 2014
the evidences in your possession are vital to prove your employment with the company. You can first issue a legal notice and after that draw the company to the labor forum either court or labor commissioner for their atrocious behavior and illegal termination.
