The state of Karnataka has ended the blanket exemption granted from provisions of Industrial Employment Standing Orders Act. If certified standing orders are not framed model standing orders shall apply.
IT companies are covered under SE Act. You may look into SE Act applicable to your state which may be available at website of Dept. of Labor of your state or you may buy it from market. The contact address of Inspector etc may be available at website of SE Inspectorate.
SE Act Karnataka:
39. Notice of Dismissal
What had transpired in the meeting? Did the company levy any charges against you or cited any misconduct? Did you submit minutes of meeting? You may find a way out to submit the minutes and claim that these were sent by you by letter.
Has the email been sent by your appointing authority or another executive of the company empowered by the board of the company to sign your termination order, or some HR executive not empowered to pass your termination order?
What is the notice period mentioned in your appointment letter? Company has to tender notice pay according to the terms of appointment letter. What is mentioned in appointment letter towards termination in case of misconduct? Has company granted any proper opportunity in case any charge of misconduct was leveled?
Company might have inserted minutes of discussion in your personnel file and closed the case as a case of misconduct.
What exactly you want to do? Contest the order of termination or obtain notice pay, FNF statement/settlement, work experience/service certificate, Form 16, relieving letter, PF number, PF account slip, attested copies of PF withdrawal/transfer forms for submission to PF office by you { you may submit the forms}, NOC/NDC etc
You must request the good offices in writing under acknowledgment to supply you the hard copy of termination order under original seal and signature of competent employee of the company empowered to terminate you and allow you to examine your personnel file maintained at HO, and thus be aware what are the documents and charges inserted in your personnel file.
You may submit a carefully structured representation to the good offices of your appointing authority, MD, CEO, Chairman, and Company Secretary
In a given situation employee can invoke the provisions of ID Act, IESO Act, Payment of Wages Act, SE Act as per explanation of employee under the provisions of these enactments or approach civil court. Designation alone does not decide that employee is a workman or not.
It shall be appropriate to approach a competent and experienced service lawyer/labor consultant with copies of all of your documents e.g. appointment letter, emails etc and give inputs in person and proceed under advice. Your lawyer shall evaluate the merits and may opine that you fall within the category of workman.
Company may yield to legal notice of your lawyer or you may have to agitate in the appropriate forum.
Or you may apply your persuasion, persistence, negotiation, reasoning skills and resources so that termination order is called back and company accepts your resignation with notice and removes all adverse comments from your personnel file and issues good comments in your reliving letter and future reference checks.
