One of my colleagues has been terminated within a day after giving 8 years of service to the organization. Because of his best performance, he was promoted just 6 months before termination. Suddenly management has changed and the internal politics started. Sr manager has started bringing his own people. One day management called my colleague and put several allegations on him but in the end, they were unable to prove it and they have suspended him for 15 days and told him that we are investigating and will come back to you. On the 15th day, he was called and terminated stating that his performance was not good, you were biased towards some employees.
Those points were not there on the allegation list. But the interesting thing is that his team was the only team that was green and meeting all the SLAs. Why was his laptop has been taken away on the first day of his suspension so that he can't show the real data? Also, his id was blocked permanently on the first day of suspension. He went in a severe depression and not able to fight for his right. Also, they don't have enough money to fight for his case. This happened several months before. I just want to confirm whether the company has done right with him. Whether he can fill a case regarding the company now. What are all those steps that we can take it now?
From India, New Delhi
Those points were not there on the allegation list. But the interesting thing is that his team was the only team that was green and meeting all the SLAs. Why was his laptop has been taken away on the first day of his suspension so that he can't show the real data? Also, his id was blocked permanently on the first day of suspension. He went in a severe depression and not able to fight for his right. Also, they don't have enough money to fight for his case. This happened several months before. I just want to confirm whether the company has done right with him. Whether he can fill a case regarding the company now. What are all those steps that we can take it now?
From India, New Delhi
Presumedly your friend was not a workman. Further, he must have record that his termination was due to punishment, though without following principles of natural justice. Then he can file suit for declaration and quashing the termination and award of damages from civil court.
From India, New Delhi
221From India, New Delhi
Yes what you have mentioned its perfectly fine but its very difficult to get justice in civil court & it consumes more time. is any other firm like labour commissioner office who will take care of the employee rights & resolve the issue fast?
From India, Mumbai
From India, Mumbai
Labor commissioner's jurisdiction relates to grievances of workmen only and not pertaining to class of other employees. So for those category of persons only civil court can be approached unless special enactment provides other tribunals.
From India, New Delhi
From India, New Delhi
Thanks for your suggestion. Is there any other way to solve this issue on urgent basis? Whether there is any law that if company terminate any employee then they need to provide three months salary to the employee? If any similar case happened with any female employee then?
From India, New Delhi
From India, New Delhi
If termination without misconduct and punishment is to be done, then under Shops and Establishment Act a notice period is prescribed. If one is a workman, one is governed by Standing orders or ID Act, follow the notice period but since he is a workman that amounts to retrenchment and principle of last come first go has to be followed and later if employer is making appointment on the post, the retrenched employee has to be given offer firstly.
From India, New Delhi
From India, New Delhi
The information provided is inadequate to give you proper suggestion. However, if the order of termination is issued to your friend with reasons for termination you may file a suit in civil court quoting this and try to obtain a stay on termination & restoration of duty (status qua) . Concurrently obtain Caveat from the HC of appropriate jurisdiction against possible vacation of stay if granted. However Chances of winning the case would depend on the documents, for & against to be deliberated in the court. Temporary relief may be possible.
This will involve cost & time but I think you have not been left with any other alternative to safe guard.
From India, Bangalore
This will involve cost & time but I think you have not been left with any other alternative to safe guard.
From India, Bangalore
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