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Abruptly terminated w/o proper time to reply. What action can I take?
11-Apr-2023 (In Labour & Service Law)
I have been illegally terminated by my company abruptly without giving me enough time to reply to a 'scrutiny of travel bills' letter issued to me on 15 Jan 2014. I was working as a GM Land and Legal at a reputed organization since April 2011.
They had a mandatory 'Own your car' scheme which was not told to me when I joined and started deducting Rs. 25,000 per month from April 2013 despite me not buying a car under the scheme. I wrote to the management against the scheme on 15 Jan and on 18 Jan I get a letter from the HR for 'scrutiny of travel bills – 5 fraud bills WEF Nov 2011' and they give me 30min to reply.
When I did not reply, they abruptly terminated me on 29 Jan. What should I do now?
As you have stated it is evident that your services were terminated abruptly without any real cause and a 30 minutes notice to file a reply was given to you, you have a strong prima facie case against the company for illegal termination. You have to file a civil suit against the company for damages and compensation. You have the following points in your favour:
i. Breach of contract: No notice was given to you before terminating your services. And the notice which was given was a mere formality which contained information regarding fraud bills generated by the Company. You need to see your contract with the company as to the time period stipulated for giving the notice of termination.
ii. Violation of Principles of Natural Justice: You were given false and frivolous reasons for termination and further you were not given a fair hearing before terminating your services.
iii. Mental harassment and torture at workplace: You were unnecessarily charged for fuel for a scheme which you never availed.
iv. Arbitrary and unreasonable action by the Company: This includes deduction of Rs. 25000 from your salary plus your abrupt termination.
These are very strong grounds to make a claim against the company for damages and compensation. You may initiate the proceedings by sending across a Legal Notice to the company followed by filing a Civil recovery suit in case the Legal Notice does not get you the desired relief.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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