What is your objective: to contest the termination as bad order and to recall it or to claim damages or to claim unpaid wages/reimbursements/notice pay…………..
Since no appointment order has been issued to you and none is signed as accepted by you:
- the offer letter (digital copy) may be referred to…………
-there is no inclusion and exclusion or no exclusive jurisdiction of courts…………accepted by mutual consent.
You may submit your permanent address/ address mentioned in job application to company and claim that this is your address since beginning……………….and company can contact you at this address only.
Has the company stated your HQ in the offer letter? If no you may emphasize that your HQ was………………your permanent address or Lucknow.
Approach a competent and experienced labor consultant/service lawyer and your lawyer may opine that you may succeed to agitate in courts at your permanent address.
Redg. office of the establishment is located in which state?
You have posted that:
-------“I'll be on probation period of one month & notice period is also of one month.
If this is the precise language (and there is none that until confirmed in writing) you may construe that after one month your services were confirmed.
Although it is not added in specific that this one month notice is applicable to employer also, you may construe that it is applicable to both employee and employer.
You should be eligible for the notice pay.
------“but there was some issue in their price list as compare to the competitors.’
What was precisely this issue in price list?
Assuming that price was higher than competition, did any feature of the product offer benefits that would justify the higher price?
Have you ever pointed it out in writing or in office to superiors, or any prospective client has pointed it out to the company…………..? Do you any written record or can you manage to obtain………….????
Has any quotation etc been sent to prospective clients?
Do you have competitor’s data..??
If this is the reason for efforts/queries/calls/offers not getting converted into sales…………?
If this is the reason this is beyond the control of employee(s)……..?
Was the company already operational in territory assigned to you and was there any old employee in the team………………..or any experienced person who has already been into the same trade…???
Were you in the same trade before joining this establishment?
Did the company conduct any training for you and the team………………………….and did the company take any step to correct the issues in price list or to convince the customers?
Did the company depute anyone to the territory to address the issues?
-------“Anyhow, they had issues with my performance & they without giving any prior notice deleted my official email id on the late evening of July 5, 2013. “
Did the company post any stinkers, memo, show cause notice etc, verbal challenge, PIP etc.. …….before issuing order of termination?
------“They were also not responding my calls. “
Did you stop working and posting the reports and marking the attendance?
Did you communicate in writing?
-------“Today they have sent me a mail on my personal id with subject "Relieving from roles and responsibilities wef 1/07/2013".’
This is backdated. You may take it w.e.f today………………..
-----“your services have been terminated and you have been relived from your all duties which was given from the company with 1ST July’2013 due to your poor performance, ‘
Reason for the Termination is stated: poor performance.
------“it’s the management decision to terminate emplacement, whose performance is poor for the precedent two months approximately “
Has the company ever communicated/circulated this policy of ……………2 months?
Is such a policy kept in knowledge domain of employee e.g. at employee web portal, HR policy hand book, PIP policy………………etc?
2 months is too short a period (from DOJ) to assess finally on performance……………
Is the company facing similar sales situation, or reason for such sales i.e. uniform/universal across all offices/region/zone/pan India?
If yes one individual should not be targeted ………….
-------“Your full and final settlement will be settled within a month time. ‘
The time for payment of FNF dues is usual pay day.
Is it stated in any of the policy of the company e.g. exit policy, severance policy that time as per company’s policy is 1 month?
------“Thank you for your services rendered for the organization ‘
You may construe that company has thankfully acknowledged services you have rendered to the company.
-------“Apart from this, my expenses since my DOJ haven’t been cleared till date. “
Did the company provide any imprested cash and did you demand it?
Did the company communicate the eligibility for the expenses say field expenses…?
Have you submitted expense statement under acknowledgment and has the company acknowledged the receipt?
You may submit list and copies of all payables by company to you and may not accept the FNF statement, if it is not correct…………..Rather you may decline to accept in writing due to errors in it…………
------“Also, my first month salary they have given me as cash in hand. ‘
Did you sign any voucher or issue any acknowledgment? Is there any evidence of payment in cash?
Does this establishment has its certified standing orders and has it extended these to your designation?
Does the Industrial Employment Standing Orders Act apply to your establishment?
Designation alone does not decide employee is a workman or not……………………..
Your lawyer may ask you a set of structured questions and can opine that you would be covered in the definition of ‘Workman’ as in ID Act or ‘Employee’ as in Shops and Establishments Act………………………….or not?
If you are not covered the limitation period in your case may be 3 years, and your lawyer may advise that forum for you to agitate is civil court.
Payment of wages Act (applicable to all employees drawing wages up to Rs.18000/pm)
2. Definitions.: 3*[(vi) "wages" means all remuneration………………..
(d) any sum which by reason of the termination of employment of the person employed
is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;
Submit a final representation addressed to the good offices of Appointing Authority, MD, Chairman and narrate all payables by company to you and all representations made by you ( mention names, designation, dept, name of company, address, phone numbers, email id, date of call/email, brief minutes of discussion………..) highlight that you have rendered unblemished services, and call upon good offices to supply you the salary slip for al months, PF number, PF a/c slip, correct FNF statement, Form 16 as per correct FNF statement, payment by bank DD only thru redg. post only. You may mention that a postage prepaid ( as purchased from PO) self addressed envelope is enclosed for sending the DD by redg. post to you, so as to reach you in say…………….. days. You may clarify that no handover of charge/company property was required and demanded form you, and you have handed over the material (enclose list) to Mr/Ms…………….under acknowledgment ( attach copy).
Let your lawyer’s opinion be final on all points discussed in this thread.
There are many threads on similar queries which you may find relevant and useful.