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Pavan   10 March 2022

Damages on software company

I joined on contract as a developer to a software company(Telangana) in Nov 2020.

On March-1-2021, the company terminated me due to disciplinary issues stating I misbehaved with some employee and women employee  and rejected to give experience letter and relieving letter. and without the issuance of show-cause notice or a full-fledged inquiry necessary preceding the action of termination.

On 1-march-2022 company only gave releasing and experience letter with code comments of good code of conduct and good performance but with a date of releasing as March-1-2021.  

Query 1: can I sue the company for career damages, false allegations

Query 2:Can I claim for salary from the date of termination to date of providing of experience letter and relieving letter since no company will give me job without these letters



 2 Replies

Vishal, Adv-Supreme Court (Advocate Whatsapp 9717985984)     11 March 2022

Dear Pavan,

In my opinion , in reply to your Query 1- Yes you can sue the company.

Query 2- Did they pay you salary in lieu of your notice period while terminating? If not then you may claim that based upon the termination of employment clause in your offer letter.But you may not claim the salary from date of termination to date of providing exp letter.

More of it can be discussed and advised by looking into your offerletter and other emails etc . exchanged during the incident.

- Advocate Vishal Garg M. 9717985984


Palak batra   11 March 2022

Dear Querist,


A defamation case can be filed U/s 499 IPC. But proving is not that simple. In cases of unpaid salary, an employee can (i) approach the labour commissioner to reconcile the matter, or (ii) file a suit under Section 33(c) of Industrial Disputes Act, 1947 for recovery of money due from an employer, or (iii) file a case with the competent authority under Payment of Wages Act 1936. 


Cases have to be decided by such labour court within period not exceeding Three Months provided that where the presiding officer of a labour court considers it necessary or expedient to do so, he may for reasons to be recorded in writing, extend such period by such further period as may he think fit.





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