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Power to terminate service

(Querist) 17 September 2009 This query is : Resolved 
Here is an Company having manufacturing units spread over throughout India.The organisation srtucture is that in the Apex, Corporate office. 4 Complexes named A,B,C,&D comprises of certain different units reporting to Corporate. Delegation of Power of the Company, the Appointing Authority for an Asst Engineer is the General Manger of the Unit and that of a Manager is the Director, who heads the Complex. In one case an employee was selected under the special drive of recruitment for ST candidates as an Asst. Engineer by Complex A . He was posted to Complex B. Appontment letter was conditional i.e. subject to varification of caste.Over a period of time the employee got promoted and now he is a Manager in Xomplex B. Appropriate Authority informed that the caste claimed by the employee is not ST. His services are to be terminated as per the appointment letter.The Qurryis who will be the authority ? Director of the Complex A from where the appointment letter released or Director of Complex B where he is working now as a Manager or the General Manager of Complex A ? Principle of " Appointing Authority can onlr terminate" is to be followed.
riven
R.R. KRISHNAA (Expert) 17 September 2009
Only the appointing authority can terminate the services of the employee. It means the following persons have the power:-

a. employer or

b. a person either expressly authorised by him or

c. one who can said to have that authority impliedly to exercise that power.


Thus a manager or a person in general control of the business or the administration of the undertaking of the employer such as Director or Managing Director who have the implied authority from the company can terminate the employee.


Looking at your case, all i.e.,(Director of the Complex A from where the appointment letter released or Director of Complex B where he is working now as a Manager or the General Manager of Complex A have the power to terminate the employee)


Refer case law: 1954 II LLJ 455 (Standard Vacum Oil Ltd Vs Their employees)

riven
Sarvesh Kumar Sharma Advocate (Expert) 17 September 2009
agree with krishana.riven
Binod Kumar Mishra (Expert) 17 September 2009
Dear Acharya jee,

i am not fully agree with my friends (please forgive me).

only the appointing authority (the President) has the power to terminate any employee. since this power may not be delegated to anyone when the Director "A" is available.

if you give some more details then it is better for us to analyse and answer as per our view.riven
PJANARDHANA REDDY (Expert) 17 September 2009
IT IS THE GENERAL RULE FOLLOWED IN GOVT AND CORPORATE ANY PUNISHMENT(even the suspension which not a punishment) IS AWARDED BY APPOINTED AUTHORITY ONLY. EVEN RATIFICATION AFTER THE ACTION IS TREATED AS UNFAIR AND UNETHICAL IN ADMINISTRATIVE LAWriven
DD Sathe (Expert) 17 September 2009
Since the posting ab-initio has been null and void and procured though mis-representation any of the stated authorities may terminate, beside taking other actions.riven
Raj Kumar Makkad (Expert) 18 September 2009
Agreed with Sathe. Latest law delivered by Hon'ble Apex Court clearly stipulates that such person who succeeded in getting employment by misrepresentation has no occasion to remain in service and he has to immediately thrown out irrespective of following the departmental rules or rule of natural justice.riven
Ms.Usha Kapoor (Expert) 18 June 2018
Agree with Raj Kumar Makkad.
Ms.Usha Kapoor (Expert) 18 June 2018
Agree with Raj Kumar Makkad.
Guest (Expert) 18 June 2018
So, you agree with an expert, who agreed on some other's advice, as you said "I agree with Raj Kumar Makkad,", while he agreed with some other's advice, not given any of his own advice?
Guest (Expert) 18 June 2018
So, you agree with an expert, who agreed on some other's advice, as you said "I agree with Raj Kumar Makkad,", while he agreed with some other's advice, not given any of his own advice?
Guest (Expert) 18 June 2018
So, you agree with an expert, who agreed on some other's advice, as you said "I agree with Raj Kumar Makkad,", while he agreed with some other's advice, not given any of his own advice?
Guest (Expert) 18 June 2018
So, you agree with an expert, who agreed on some other's advice, as you said "I agree with Raj Kumar Makkad,", while he agreed with some other's advice, not given any of his own advice?


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