My company terminated me without any prior notic and memo.


 

Dear respected lawyers,

 

 

Need your help on one my query request you to please help me I will be very thankful.

Sir I am a employee in a Pvt sector Bank last month one our lady staff (working in our other branch) make false allegation with me that we have illigale relation and now I am denying for marriage with her she is already married and mother of two children and also claim herself to be divorcee she logged the case becaue I am going to marrage as per my family planing so in that case police had charged me IPC 376 and some other IPC and I was one month in judicial custody due to false allegation.

Now on dated 20/04/2013 respective Session judge issued me a bail order because that lady not able to provide any avoidance for all allegation. And now she complaint the same things to our HR team and now HR is not allowing to continue my job and by force pressurizing me for resignation without issue any notice and office memo. and also saying if I did not do the same, they would forcefully terminate me I asked to him please take my written explanation but they refued all the things.

 on dated 30/05/2013 thay have issued me a memo the memo was dated 16/05/2013 there company is expecting from me that I suppose to report the branch before 21/05/2013 which is not possible because i had received the letter on 31/05/2013 and finaly they had issued me my termination order saying that I was in unauthorised leve while I was already report the branch on 27/05/2013

So request you to please guide is my company can terminate men without asking my explanation and view.

 and further I have more than 4 year and 8 month work exerpreance with this company and I am a good perfomer of the comany I had got reguler hike and and salary increment in this company and I have no any such compalint and issue in past of my service so please guide can I take a legal step on that against my HR team.

 

Thanks and regards

Balraj Singh

 
Reply   
 
Dy Director

main issue  : did or did you not have the relation with the lady (withou or without promise).  Without this vital information no worthwhile advised can be given.

 
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Dear Sir,

last five year back 2006 to 2007 she was in my Team in the same office  (when we are in contractal base job) as we are sales profile and there was no such as a relation and  promiss by me.she is more than 10 year older me and already have 2 child frist is dougher almost 14-15 year old and one sone is 8 year old.she is some mantaly disterb and already have such two three her family case in her past life.

 

So please advice......

 
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FIN

 

Mr. Sudhir Kumar has given valuable advice. Kindly follow it.

 

Did you retain a lawyer when allegations were leveled?

Did your lawyer or you demand forensic examination of body fluids?

If you were innocent the forensic examination could have granted reprieve.

 

However, as posted by you no proof/evidence is submitted to court, and now court shall decide. You shall face the ordeal till you are exonerated by court of law.

 

 

Did you put the date of receipt on copy of the memo, or did you submit in writing that memo dated………….was delivered to you on dated………… ?

What is the mode of dispatch of memo e.g. by courier/ redg. post/ speed post?

 

The docket number /redg. post number must be available on the cover. You may log on to the website of courier or India post and track the document, thus you shall get the date of dispatch of the memo.

 

You may also file RTI ( in case of redg/speed post) to obtain the dispatch details and if it is courier you may apply from courier even if by email.

Courier/speed post maintains the record for 3 months only so hurry up.

 

You may also demand the certified copy of AWB/receipt of courier/ redg. post/ speed post from company…………..

 

To reply to the meme you may show all docs and records to a competent and experienced labor consultant/service lawyer, give inputs in person, spend quality time with your lawyer and proceed under expert advice of your lawyer.

 

If you are innocent you may contest the order of termination.

Due to the charge leveled on you company may not call back order of termination, gratuity may be forfeited citing moral Turpitude:

Section: 4: Payment of gratuity (6) (b) (ii)

 

The order f termination may hamper your reference check and future prospects.

 

 

 Valuable advice of learned experts/members is sought.

 
Reply   
 

Dear Sir,

 

thanks for your valuable suggistion.

Sir my only concern is if the court judgments is comes in my favr than can i claim my job with my compay

 

please suggest will very thankful for the same.

 
Reply   
 
FIN

 

Generic questions and generic answers may be avoided.

 

For the service matter you may approach a competent and experienced labor consultant/service lawyer with copies of standing orders of your company, appointment letter, Conduct and Discipline rules, exit policy, HR policy, service rules etc……… memo issued to you, reply given by you if any, termination order and any other communication and record, give inputs in person, spend quality time with your lawyer, understand the merits and proceed under expert advice of your lawyer.

 

Designation alone does not decide employee is a workman or not.

Your lawyer may ask you a set of structured questions and may opine that you fall within the category of ‘Workman’ as in ID Act, and ‘Employee’ as in Shops and establishments Act of your state.

 The provisions as in these enactments limit the choice to employer.

 

You have mentioned “Manager” against your name.

 

 If you are not covered in definition of ‘Workman’ as in ID Act, and ‘Employee’ as in Shops and establishments Act of your state, the forum to agitate in your case would be civil court.

 

Your lawyer can comment better in civil suite you shall have the chance of reinstatement with back wages or not…………….

 

Or your lawyer may suggest that you can file civil suite to claim damages.

 

Your company may scream for Jurisdiction of Courts being only the location as stated in appointment letter/courts at your location does not have jurisdiction and may cite Specific Relief Act thus personal contract of service can not be enforced in court.

 

Meet your lawyer in person and understand all options and merits and proceed under expert advice of your lawyer.

 

 

 
Reply   
 

Dear Sir,

 

Thanks for your valuable time.Sir my current designation is branch operation service head and its comes under in managment authority.

 

 

thanks..

 
Reply   
 

Dear All,

 

your valuable reply is still awaited.

 

 

thnaks and regrds

balraj singh

 
Reply   
 
FIN

 

If you are not covered in definition of ‘Workman’ as in ID Act, for the service matter you may ask your lawyer if you would be covered under ‘Employee’ as in Shops and establishments Act of your state, or the forum to agitate in your case would be civil court.

 

Your lawyer can comment better in civil suite you shall have the chance of reinstatement with back wages or not…………….and on jurisdiction of courts.

 

Or your lawyer may suggest that you can file civil suite to claim damages.

 

For the criminal case you may seek opinion of your lawyer specializing in criminal law.

 

You shall need to co ordinate between criminal and service lawyer.

 

Valuable advice of learned experts/members is sought.

 

 

 

 
Reply   
 

ok thanks sir

 
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