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Rama mohan Acharya (Manager HR(Legal))     10 September 2009

Termination of services

Here is an Company having manufacturing units spread over throughout India.The organisation srtucture is that in the Apex, Corporate office. 4 Complexes named A,B,C,&D comprises of certain different units reporting to Corporate. Delegation of Power of the Company, the Appointing Authority for an Asst Engineer is the General Manger of the Unit and that of a Manager is the Director, who heads the Complex. In one case an employee was selected under the special drive of recruitment for ST candidates as an Asst. Engineer by Complex A . He was posted to Complex B. Appontment letter was conditional i.e. subject to varification of caste.Over a period of time the employee got promoted and now he is  a Manager in Xomplex B. Appropriate Authority informed that the caste claimed by the employee is not ST. His services are to be terminated as per the appointment letter.The Qurryis who will be the authority ? Director of the Complex A from where the appointment letter released or Director of Complex B where he is working now as a Manager or  the General Manager of Complex A ? Principle of " Appointing Authority can onlr terminate" is to be followed.



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 3 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     11 September 2009

ONLY APPONTY AUTH CAN HAVE LEGAL RIGHT TO AWARD ANY PUNISHMENT/TERM

1 Like

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     11 September 2009

In the aforsaid case the appointing authority is complex A so the employee is required to be terminated by him and because he didn't care for the caste of that candidate so he is responsible for the mistake.

P.ESAKKIMUTHU (LABOUR CONSULTANT)     14 September 2009

 Only appointing authority or any officer duly authorised by him can issue termination order

1 Like

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