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Immediate Stay against TL issued by the Company (employer)


21-Apr-2023 (In Labour & Service Law)
Although Advocate's Notice cum Reply sent to directors, CS, CFO and Manager,H.R. (after issuance of the Termination Letter by the Company to the I.A. just because many anti-trust issues against the top officials of the Company came in the recently submitted Internal Audit Reports), but the same remained un-responded by the Company. As because the NCLT (Delhi) office is apparently closed, the advocate is not able to file the Application before NCLT Delhi Bench for the 'stay' of the Termination - on 30th April 2021 as per TL issued. What is the way-out before me (I.A.) so as to continue with my employment until the suitable Application can be filed before NCLT or, any other Authority/Judicial Body?
Answers (3)

Answer #1
890 votes
dear sir you have not mentioned the details of your organisation whether it is a PSU or a private sector company or a bank or whatever you are terminated we must go through your letter of appointment the terms and conditions of your service the rules and regulations in what manner and in what under what procedure what procedures to be followed by the company for terminating your service important because that would only give us an idea on your services have been terminated and whether those Grounds are legally for sustainable or not how many years of service you have hotel and and on what position and whether it your job is a permanent job or a contractual since the service conditions of contract employment and the permanent employment are totally different if organisation or a government company you can also file writ petition in the High Court take on the your termination or whatever other relief interim relief you want to make so you must this first my mention or share your details to three things the details of your appointment the terms and condition the letter of termination and whether the job is a permanent or contractual only then your rights will be court and will be in a better position to advise you what further course of action can be taken kiss pranks
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Answer #2
694 votes
approach High Court if that's the prevalent condition in your case and i am surr the High Court will entertain your petition and stay will bd granted to you therr only. where as NClt is functioning virtually so you can get your matter listed virtually and argue over there.
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Answer #3
659 votes
Hello Sir,

This is a fit case to file Writ Petition before the Hon'ble High Court. And there you can show that you had no other remedy and since the date is so near you needed intervention of this Hon'ble Court or else the remedy will go infructuous. File the writ along with urgency application.

Best,
Sishmita Kumari
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