Terminate


Dear Sir,

              I was working in a Private Company since last 12 year. when I joined this company that time I joined as a Accontant, after one year I become a Exe. Director of the Company.

After serving 12 year suddenly company terminate me without any notice. Even I have invest my money in company. I did my job honestly till date. I need your help and what is my right. Every thing is on record.

So that I can take my own money from company.

Kindly advise.

Regards

 

 

 
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So u want compensation too
 
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Lawyer at Supreme Court of India

Sir, 

 

Serve the company seeking the reason for the termination, seeking your money and file a suit against the company for wrongful termination. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

 
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Labour Law Advocate

The temrination is illegal.

1. Serve a notice upon the employer asking them to withdraw the letter of termination and reinstate you.

2. If they don't approach the labour Commissioner and file a complaint.

3. If the concilation before the labour commissioner does not take a positive shape, you need to file a case before the Industrial Tribunal/ Labour Court under Section 2A(2) of the ID Act provided that you are a 'workman' under the said Act.

 

These steps require legal assistance so it is suggested that you consult a lawyer. 

 
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FIN

An able counsel specialzing in labor-service matters can run a test opine whether you ( your designation; Exe. Director...................and nature of duties perfromed on record) shall be covered by the def. of 'Workman' as in ID Act.................................and even as 'Employee' as in the Shops & Estbs Act (if the Private Company is covered by the Act).

 

Do you have any acknowledgment of the personal money that was invested by you..................invitation to invest personal money......................return on the investment etc?

 

Hope you have the copy of service rules and regulation ,conduct and discipline rules that are applicable to you and corresponding communications prior to termiantion order.

Certainly you may approach an able counsel specialzing in labor-service matters, before you proceed on your own.

 

 

 

 
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Thanks all of you.

My Designation was Director of Fin. in Company I was looking all financial matter in the Company.  Company is registered in Factory Act (Private Limited Co.) there is no separate rule book of Company.  I always stand with Company in each & every bad face of the Company & take away from all the bad face. Whenever fund needed I asked to M. D but the reply was same I am not taking any money from Company & I do not have a money etc etc. So as responsible Key Person of Company, I use my personal money in company but in Proper way. I do not want to create any issue and want my own money what is shown in Books, does not matter if the interest is not given.

Terminate Letter is not given till date.  Only Verbal Communication done but till date I am doing my duty & answering each & every Call received by me in same manner as earlier from my Home. I did not disclose this matter to anyone. I am signing all the necessary documents which is required to get the work done.

Kindly advise me what I have to do and also clear me what benefits can I claim? Like Gratuity, Leave encashment etc.

Thanks in advance

 
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Labour Law Advocate

Your facts are kind of complicated or you are complicating it (from legal point of view) yourself. Please consult a lawyer with a necessary documents for a professional advice. 

 
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FIN

How come a finance company is registered under Factory Act? 

 

It seems that you are either not properly informed or are not posting facts.

Termination is speaking order, therefore termination order in writing should have been supplied.

After verbal termination you should have, ideally, refrained from siging imp. docs.

You should not have invested personal money.

You may collect our personal money and clear all a/c's with your ermployer.

Leave/leave encashment is as per service leave rules applicable to establishment and your designation.

If the relationship is that of employer-employee, and if the Payment of Gratuity Act,1972 applies, then gratuity should be applicable.

 

It has already been posted that: Certainly you may approach an able counsel specialzing in labor-service matters, before you proceed on your own.'

 

 
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Advocate

Well advised by learned friends and experts above on the subject issue.  Nothing more to add. 

 
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FIN

Since the querist is not responding, the thread is deemed as closed.

 
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