Civil Procedure Code (CPC)

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Vishal Jadhav   10 July 2021

job complain

I have a query against employer. he terminate me without my fault. he given reason me ie you have not conduct duty as per company rule but company not given me signed copy and any terms n condition to me. i have done my job as per given job profile my fault is only that i have given complain against manager to MD. I am parmnt emoployee and my termination letter singed by temporary staff. Can i filed complain against MD

 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     10 July 2021

First, you have to ask the reason for such termination using RTI.  After receipt the reply to your RTI application, consult a local lawyer.

Ganesh Kumar (SO)     10 July 2021

RTI  not applicable for the private company 

you should first send a legal notice asking explanation about your removal from office through an advocate

M V Gupta (Advocate)     11 July 2021

It is strange that you do not know terms and conditions of your appointment. These are set out in the appointment letter given to you by the company at the time of ur appointment. Generally if termination is done on account of any fault on your part the Company should issue show cause notice and allowed you to explain ur case.If the Company is not satisfied with ur explanation they should conduct disciplinary proceedings before terminating you fom srvice. These are mandatory requirement of Principles of natural justice. Hence you give Lawyers notice to the company and take further action in consultation with ur Advocate.Please note if u do not take action as suggested, your termination for fault on ur part may come in the way of getting another job. 

G.L.N. Prasad (Retired employee.)     11 July 2021

Contact the Asst. Commissioner of Labour, your union for a remedy.  Contact an advocate and issue a legal notice for reinstatement as the termination is against principles of natural justice, as no charge sheet was served, the inquiry was not conducted, a personal hearing was not given..  All this only after all amicable efforts for reinstatement failed.

Dr J C Vashista (Lawyer)     12 July 2021

Ignorance of law is not an excuse, you are supposed to know rules and regulations governing your terms and conditions of service.

Only reporting any illegal activity of Manager to MD as stated by you cannot be the sole reason for termination of permanent employee.

Termination signing authority is the prerogative of the company which is not a ground for objection.

Consult and engage a local prudent lawyer with relevant records for appreciation of facts, professional advise and necessary proceeding.

P. Venu (Advocate)     12 July 2021

Facts posted are too general to suggest any meaningful remedy. All that could be stated is that, if a permanent employee, the company ought to have have resorted to due process before termination. If so you have the option to agitate the issue before a labour court, if a workman; else, before a civil court.

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