LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sameer (dsg)     06 September 2016

Terminated by govt. institution

Hello Experts...

Need some suggetion on one situtiation...

I had applied for a Job in PSU department wherein 1 year experience was one of essential requirement. 

Prior to applying for the job, app 4 years ago, I had worked in a factory as a temporary worker for one year and for which I had provided with experience letter and I used the same during applying for job.

I got selected in the written exam and I joined the service. After 9 months of service in Govt Job, I resigned as I had got some better oppurtunity. But my resign was not accepted for app a month. There was a Vigilance enquiry being conducted on 15/07/2016 where Vigilance team asked for attandance register/employement proof from Factory owners But as I was a temporary worker and also the factory was closed at the time of Vigilance enquiry, factory owners were not able to provide attandance register etc.

From head office, Local office had got sign off as till date 19/07/2016, all prior Vigilance enquiry had given as No objection in accepting resign. But I did not got any copy of the same and my resign was not accepted.

Now for the Vigilance enquiry dated 15/07/2016, head office has raised objection and is saying that my experience certificate was fake as factory owner was not able to provide proof of employement. Head office served me a show cause notice for termination for Which my arguement was same as "I was a temporary worker and factory owner has provided my experience for the work done by me and I can't insist factory owner to keep records for me till now".

Head office now have terminated me and have asked me to pay salary of one year drawn from department.

Now my question:

1. My experience letter was truly genuine however I have only experience letter and not any other document. So Is it worthy to file a case against department for terminating me?

2. As I had worked in department and is it with law if department is asking for recovery of salary?

Thanks In Advance for your help.




 5 Replies

Sudhir Kumar, Advocate (Advocate)     06 September 2016

what about the record of PF and ESI.

Sudhir Kumar, Advocate (Advocate)     06 September 2016

If the experience certificate has found fale then you could have been dismissed from service (instead of termination) and rendering you unfit for further empoyment by govt and could also have registered FIR.

sameer (dsg)     06 September 2016


PF and ESI were not deduced.

Till I was on probation. So they haven't dismissed me but terminated me.


Kumar Doab (FIN)     06 September 2016

The attendance register,salary slips, appointment letter, copy of resignation, acceptace,service certificate,relieving letter,Form16,PF a/c slips, ESIC, etc etc are evidence of employment.


The employer has to maintain and submit various registers.

Better show  all dcos on record, to a very able counsel specializing in service matters for a considerd opinion.

Sudhir Kumar, Advocate (Advocate)     08 September 2016

When PF & ESI are not deducted then how you can say you served that company

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register