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The Rock (X)     16 July 2014

Terminated

Respected lawyers,

I was employed in one of  india's leading private manufacturing industry as an engineer (Full time).

In Feb. 2014 a false criminal case was filed against me and i was arrested by police. I was jailed for 3.5 months. My family members had informed telephonically to HR of the company regarding the incident of my arrest.

But somehow after one month they sent a notice to my permanent address mentioning, I am not attending duties from one month and if I don't rejoin the duties within next 5 days, i will be terminated from my service without any further notice because of my absentism.

After one more month a letter was sent by company on same address mentioning some amount (1Lakh) as my dues without any descripttion of the dues. They have mentioned that this amount should be deposited within 10 days else company may take legal action against me.

After getting bail from court, i called HR of the company on telephone but he told that they are not going to take me back on job. I asked for some more time to pay my dues (1 Lakh) so that i can arrange the money. He told me,  u can take your time.

When I arranged the money for depositing dues, I again called HR but he told me that as you are terminated, you don't have to fill any amount neither you will get any experience letter. Even you are not allowed to come in premises of the company.

Now, I am not sure about "how company can take legal action against me?". They have not given any experience certificate to me.

Please guide me.

 



Learning

 8 Replies

The Rock (X)     16 July 2014

Waiting for expert's advice....

Sudhir Kumar, Advocate (Advocate)     16 July 2014

file civil suit for termination without inquiry if you are really interest to stake back the said job.

1 Like

The Rock (X)     17 July 2014

thank you sudhir sir for reply,

One more thing I want to ask is, can company take legal action if i don't pay dues suggested my them in letter?

Sudhir Kumar, Advocate (Advocate)     17 July 2014

what type of dues are these.

The Rock (X)     18 July 2014

Sir, they have not mentioned details about dues. I tried to ask them on phone as well as by writing mail but they are not replying. HR executive just told me on phone that now no need to pay dues nor u will get experience letter.

T. Kalaiselvan, Advocate (Advocate)     18 July 2014

The company's arbitral and one sided action of terminating you is against the principle of natural justice.  They cannot terminate you without issuing a show cause notice and conducting a formal inquiry.  You have got every right to question the legal validity of their sudden and drastic action.  You issue a legal notice asking for the reasons and to reinstate you, based on their reply you may initiate appropriate legal action.

1 Like

The Rock (X)     18 July 2014

Thank you sir for your guidance,

In termination letter they have mentioned the cause of termination as CONTINUOUS ABSENTISM FOR ONE MONTH without informing to H.O.D. My brother had informed them telephonically but HR executive is saying we didn't receive any written information regarding incident of my arrest.

Is it enough to terminate me from service?

 

 

T. Kalaiselvan, Advocate (Advocate)     18 July 2014

You should not come out with the facts one by one subsequently.  On furnishing the details, you will get proper opinions at first instance itself.  However, if the continuous absence has been stated the reason for termination, this can be challenged by giving the reason for absence subsequently, if they are not inclined to accept any explanation, you may issue a lawyer's notice stating that you were not heard even once before you were terminated from the job hence they are liable to re-instate you and subsequently they may proceed with the legal actions in furtherance as has been envisaged in the company rules.  Consult a lawyer and take his advise for further  action in this regard.

1 Like

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