Dear Saji,
Hypothetical questions has no relevance in legal parlance. If you have any such problem in reality where the employee states before the court that he/she is unemployed and does not have any source of income for his daily needs, it is for the court to decide, not Mr. Dhingra. Moreover, it is such a case, where fault lies on the part of the management, not the employee, if recovery not made before full & final. The judgment is supposed to tilt on the side of the employee, as after termination of employee, the company cannot rightfully claim its dues. It was for the company to recover the dues first before deciding upon termination.
From India, Delhi
387Hypothetical questions has no relevance in legal parlance. If you have any such problem in reality where the employee states before the court that he/she is unemployed and does not have any source of income for his daily needs, it is for the court to decide, not Mr. Dhingra. Moreover, it is such a case, where fault lies on the part of the management, not the employee, if recovery not made before full & final. The judgment is supposed to tilt on the side of the employee, as after termination of employee, the company cannot rightfully claim its dues. It was for the company to recover the dues first before deciding upon termination.
From India, Delhi
Mr. MRaj,
You have not state in what capacity you have been posted in the HR. What about the happiness of superiors of the employee over his work and performance, if employee was terminated because his subordinates were not happy under him and were totally frustrated. I wonder, if the employee was terminated without conducting any domestic inquiry merely because his subordinates were not happy with him, not bcause of his own performance or productivity. A question arises, suppose, if the employees are not happy with the CEO, would he get himself terminated? Also, if the employees get unhappy with you, would the CEO terminate you also without seeing your performance?
Anyway, Riteshmaity has already well advised you on your latest clarification. If CEO was hasty in terminating the employee, recovery can only be "Bhawan Bharosay." You can only file summary suit against the employee, rest depends upon the judgment, which I guess can't be in favour of the company. Rather, you should better pray God that employee is not able to get verdict of a competent court in his favour to get himself reinstated due to unwise and unwarranted hasty decision of the CEO.
From India, Delhi
You have not state in what capacity you have been posted in the HR. What about the happiness of superiors of the employee over his work and performance, if employee was terminated because his subordinates were not happy under him and were totally frustrated. I wonder, if the employee was terminated without conducting any domestic inquiry merely because his subordinates were not happy with him, not bcause of his own performance or productivity. A question arises, suppose, if the employees are not happy with the CEO, would he get himself terminated? Also, if the employees get unhappy with you, would the CEO terminate you also without seeing your performance?
Anyway, Riteshmaity has already well advised you on your latest clarification. If CEO was hasty in terminating the employee, recovery can only be "Bhawan Bharosay." You can only file summary suit against the employee, rest depends upon the judgment, which I guess can't be in favour of the company. Rather, you should better pray God that employee is not able to get verdict of a competent court in his favour to get himself reinstated due to unwise and unwarranted hasty decision of the CEO.
From India, Delhi
Dear Mr. Dhingra I have pointed out the same thing, as you have mentioned. Termination was an hasty decision the management is at fault for non recovery, the court will be in favor of the employee.
From India, Ahmadabad
From India, Ahmadabad
Dear Saji,
I appreciate your agreement with me. But, in my last post, I just pointed out towards your question, "what if the employee states that he/she is unemployed and does not have any source of income for his daily needs. The court of law will be at his/her side." So, that is not within the scope of our members to judge. Only the court has to decide on that question, if taken up by the employee.
Wven otherwise, happiness or unhappiness of subordinates cannot be taken as indiscipline on the part of the employee. His low performance or indiscipline matter for the purpose of termination.
From India, Delhi
I appreciate your agreement with me. But, in my last post, I just pointed out towards your question, "what if the employee states that he/she is unemployed and does not have any source of income for his daily needs. The court of law will be at his/her side." So, that is not within the scope of our members to judge. Only the court has to decide on that question, if taken up by the employee.
Wven otherwise, happiness or unhappiness of subordinates cannot be taken as indiscipline on the part of the employee. His low performance or indiscipline matter for the purpose of termination.
From India, Delhi
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Guj HC on recovery of PF dues within appeal period.pdf
How to keep recovery agents at bay.doc