Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

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rakshagupta82 (n/a)     29 December 2007

PLs help

Dear Sir,

Pls help me in a legal issue. I have just joined an organisation (IT). there I came across a case as I had never worked for any legal issues so I dont have any idea how to resolve or what is right. The story starts from:

One employee has joined our organisation in 94 due to certain cases mainly non performance his salary was reduced from 23K to 16K in say July 04. He does not accept this on paper but continued working and getting salary credited in the bank. In april 95 he aws again appraise and got an increment and now his salary become 17K. In july he was terminated, and Full & Final was done giving him the salary for the month he worked + one mpnth salary+ leave encashment+ bonus+ gratuity....

HE did not accept and filed a case as we do not have any paper proofs, so our lawyer is asking us to settle the account with him.\

For this he is asking to pay him the difference of amount that was reduced means its compensation+ compensation of the losses that he has to bear bcoz of sudden termination i.e, compensation till the time of retirement.

Pls suggest how to come out from the problem, as if we agree to his terms it would be very handsome amount that we will not want to pay.

PLs gurus suggest....



 2 Replies

Shambasiv (n/a)     29 December 2007

In case you have documents to show that he was penalised by reducing his salary after conducting proper enquiry, you can always succeed in the court of law.

prashant umrigar (n/a)     01 January 2008

You should know the reason why the [url=][color=blue]employee[/color][/url] was terminated. If the employee was terminated on the grounds of misconduct and you you have evidence of it then you can succeed in the court of law.

If the employee is terminated on the ground of non-performance then you have to prove that, which is very difficult to prove in the court of law with documentary evidence.

I need some clarification regarding, why the employee was terminated? whether he was terminated due to non-performance or misconduct.



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