Partiality

raju (Querist) 26 July 2024 This query is : Resolved
My query is that an employee of private service was removed without any notice and inquiry and employer also withheld salary and gratuity. When the employee approach the labour authorities the employer filed false cases of theft to police just to pressures the employee. Please advise some remedy as police is partially in favour of the employer.

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This discussion addresses an employee's rights after being dismissed without notice or inquiry, with their salary and gratuity withheld. The employer allegedly filed false theft charges to pressure the employee, with police showing partiality. Advice suggests obtaining anticipatory bail for the false police case while continuing efforts through the labour court. The complexity of the situation highlights the need for clarity on the nature of the private service and any existing employment agreements.

T. Kalaiselvan, Advocate (Expert) 27 July 2024
If the police is registering the FIR then you may obtain an AB and challenge the false case in the trial proceedings accordingly, but that should not discourage you from discontinuing your efforts through labor court in this regard.

P. Venu (Expert) 27 July 2024
The query is based on subjective opinions than facts.

kavksatyanarayana (Expert) 27 July 2024
Private Service means whether is it a company or a Firm or individual concern. is there any agreement either oral or written between the employer and the employee?

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