Illegal termination
S. S. Rathi
(Querist) 05 January 2018
This query is : Resolved
Dear Sir
i want to know whether employee terminated by pvt insurance company from the post of sales manager in 2009. he was permanent employee but branch manager issued improvement plan before 240 days of service and terminated him after total 240 days of services. he was give reply to improvement plan.
AT the time of termination company not provide his outstanding salary as well not paid one months tech, and after filing police complaint against branch manager then issue partial outstanding salary.
since 2010 to till matter pending at High Court but high court quash FIR against directors while attempts of mediation failed with written offer.
Now can he is able to challenge his termination, and demand his outstanding salary as well salary losses.
whats is the procedure. Labour court to manager category ?
civil suit for termination challenge with losses. ?
or writ petition at High Court for termination ?
pls guide urgenty
Guest
(Expert) 05 January 2018
What for the matter is pending in the High Court, if you are still at the stage of seeking advice for termination, salary, etc.?
S. S. Rathi
(Querist) 06 January 2018
I was filed criminal case u/s 420,469,470 etc against dirrctors and manager. But FIR quash against directors by impunged order without consider my reply affidavit & written argument not taken on record while filed in court room. Now also want to recover loss with false termination.
Pls guide whether writ file for termination is good remedy. Order passed 25 days back
S. S. Rathi
(Querist) 06 January 2018
Also wants to challenge impunged order of criminal writ petition. Can I file SLp at SC or revision/review at High court. What is time limit. Pls guide urgently.
Dr J C Vashista
(Expert) 08 January 2018
What is the opinion and advise of your lawyer who is contesting case(s) on your behalf?
Incomplete information provided by you shall damage your case, have faith in your lawyer otherwise change him/her and seek advise of a local prudent lawyer.
Guest
(Expert) 08 January 2018
Why not, you can do anything and everything in connection with your academic query, as revealed from the nature of all of your previous queries also, which were of academic nature.
By the way, what illegalities you could notice in your termination, if not found to have improved your performance? Normally, improvement plan is an initial process of the employer to prove the employee as inefficient, not worth the value to be retained in service.
S. S. Rathi
(Querist) 08 January 2018
Sir Its better if give specific answer in stead of worthless suggestions. Im also completed LLB but not inpractise.
Guest
(Expert) 08 January 2018
Sir, it is better to narrate the facts of the case, otherwise your LLB is worthless, if you don't know about the illegalities, if really accused. By accepting PIP, you had already given the employer the opportunity to terminate you on the ground of unsatisfactory performance.
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S. S. Rathi
(Querist) 08 January 2018
Sir PIP given by BM by hold three months salary, and termination orally without interfare by HR, thereafter Hr send illegal termination and BM file false police complaint then I was filed police complaint and company issue partial cheque and false reliving letter as accept my resignation. As high court not consider my written argumang and reply affdavit I want to know what is Best remedy to chalange HiGh court division bench order against Fir quashed upto directors, and time limit.
Whether revision / review at High court, or SC SLP or civil court to recover losses and termination challange
Pls guide urgently which is definitely helps me. Also pls informed time limits
Guest
(Expert) 08 January 2018
It seems, you prefer to work merely on hit and trial method. Better hire services of some knowledgeable service laws expert, show him all the case related documents, along with the offer of appointment, discuss the case with full background at length and adhere to his advice, rather than getting mixed up response with tit bits of your piece meal information. Illegalities and their nature can only be judged only after detailed scrutiny of the case related documents.
