Termination of services without adequate reasons & non-payment of salary as per offer letter

Aakash (Querist) 12 March 2008 This query is : Resolved
Hello Sir,

I worked with a financial firm from Nov 2007 to Feb 2008. The co. terminated my services without giving any prior notice or warning to me either in writing and verbal. I asked for the reasons, but they unable to justify any reasons of my termination.

Along with that, the co. is not offering me experience letter, along with my dues of two months salary as mentioned in the offer letter, after giving 3 reminders.

Can you please help me out, how shall i proceed further. I would like to take serious action against the co.

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Rajesh Kumar (Expert) 12 March 2008
Your claim is valid. The company is required to give you your salary dues, salry for the ntoice period etc. as per the contract of employment (appointement letter). Send a legal notice to the firm and most of the time the work is done on legal notice only. Still if they refuse, you can sue them in the court of law for breach of contract.
If you are covered under Industrial Disputes Act, you can take appropriate steps also under the laws of Industrial Dispute.

Aakash (Querist) 12 March 2008
Hi Rajesh,
Thanks! for the quick response.

Couple of queries:
1. What does it mean when you say "you are covered under Industrial Dispute Act". I am not aware if I am, how do I check the same?

2. Who can help me sending the notice and taking the case forward. Appreciate if you can suggest a lawyer for me to take this forward.

Regards
Aakash

Vishwanath tripathi (Expert) 14 March 2008
Dear aakash,if you were not working any supervisiry or mamagerial capacity only then you will be coverd under Industrial dispute Act,and you can go for conciliation proceeding proceeding against termination as well commutation of all pennding dues against your employer separately,but before all these you have to clear , and in what capacity in what type of firm you were doing job.first you serve a legal notice through an advocate,then if required then ccontact a labour law expert.

Prakash Yedhula (Expert) 15 March 2008
You are bound to succeed if you are able to establish that no charge sheet is served on you and that no enquiry was conducted.