Upgrad LLM

terminated without chargesheet and enquiry


Sir I am working in an CPSU since las 3 years . Company has not confirmed service of all of us 8 officers alleged that some irregularity in appointment. In July 2016, (after employer show cause notice of employer) HC stayed that no adverse order shall be passed to petitioners despite of that I have been terminated by fake charges that I concealed the material facts not disclosing about my previous employer without any enquiry & charge sheet. Please help me what can I do to remain in this job Thank you.
 
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FIN

Originally posted by : Sapna Tamrakar
Sir I am working in an CPSU since las 3 years . Company has not confirmed service of all of us 8 officers alleged that some irregularity in appointment. In July 2016, (after employer show cause notice of employer) HC stayed that no adverse order shall be passed to petitioners despite of that I have been terminated by fake charges that I concealed the material facts not disclosing about my previous employer without any enquiry & charge sheet. Please help me what can I do to remain in this job
Thank you.

If charges are fake, NO opportunity of hearing/naturla justice is given, then write under proper acknowledgment to good offices of appointing authority, MD, Chairman, and officials that signed termination order  and request to call back the termination order.

 
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FIN

As already suggested and appreciated by you, you may show all docs, agreement signed by you, communications, evidences on record to a very able local senior counsel specializing in labor/service matters for a considered opinion.

Labor/Service matters is altogether different filed of law and at each location there are a few counsels that specialize in it and they are very well known.

Usually such matters are referred to them by any counsel worth his/her salt.

Lawyers handling civil matters usually do not meddle in Labor/Service matters.

Inquire locally for such counsels and you will have a list of all such few counsels at your location.

Chose carefully, a counsel that suits you.

Use the inputs received by you in this thread in your future endeavors.

Online discussions have its own limitations and are not substitute for considered opinion and consultation with due examination of relevant docs and inputs in person with a counsel specializing in respective field of .

 

There are endless numbers of threads at LCI also by unsuspecting querists that have been fleeced by posers posing as expert lawyers.

 The discussions at LCI are FREE and should not be exploited as a medium to allure unsuspecting querists to pay a FEE in the name of so called consultation……………

 
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Advocate

The act of department is illegal. As per law all 8 employees are confirmed if they have served continuously for 280 days. Challenge the termination in court through petition in CAT or by way of WRIT in high court or by way of mandatory and permanent injunction in civil court. Consult a lawyer with details.
 
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