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Indian Law/termination from employment

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Question
Hello Sir,

         This is Bibhudata from chennai.I joined in a company called Newswire18 Ltd(Network18 group)on 13th sep 2010 as a contract employee.Later by looking my performance they taken me into a confirm employee.From April 01, 2011 i became a permanemt employee & they issued a letter also to me.Recently they terminated from the job on 30th nov 2012.Reason is due to late coming.They sent a termination letter to me.I asked to them to give relieving letter & experience letter but they are declining.

What i will do?Not even got the 1 month notice salary.I will get these letters or not & what about my full & final settlement?If i will not get these letters then i will be unable to join in a company.There is no option for me without suicide.Plz help.


With regards
Bibhudata Dhal
Chennai

Answer
A permanent employee cannot be terminated without first holding a departmental inquiry.If they have done so, it will be against the principles of natural justice because the employee must be given an opportunity to defend himself.Moreover, termination should be as per the termination clause contained in the terms of your engagement.Normally the standard clause for termination is serving of prescribed period of notice say one/three months or pay in lieu thereof by either party.If there is such a clause in your appointment letter, then certainly you are entitled to notice pay.It is also their responsibility to issue release order as well as experience certificate on demand.If they have abruptly terminated your contract without holding any inquiry, please issue a legal notice to reinstate you alongwith all back wages.However, if you are not willing to work there any more, then also serve a legal notice to issue release order as well as experience certificate to you and also to settle all your arrears dues within a prescribed period.Please also threaten that if the above actions are not taken within a specified period say 15 days from the date of receipt of your notice, you shall be compelled to take suitable legal actions against them.
You have a very strong case in the matter and please take above actions immediately in consultation with a suitable lawyer.

Indian Law

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Arun Kumar Maitra

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Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.

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I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Organizations
Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore

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Nil.

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M.Com;LL.B;A.C.A;A.C.S.

Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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