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Within what time to file case for illegal termination of an employee?
11-May-2023 (In Labour & Service Law)
This is regarding legal help in case an employee is terminated wrongfully, and deliberately denied opportunity. Could you tell me if Legal help can help in some definite time frame.
Yes, you have a strong prima facie case against the company for illegal termination. In case the full and final settlement is not made then that can also be claimed. You have to file a civil suit against the company for claiming your full and final settlement along with damages and compensation.
You will not be able to claim reinstatement from the civil court. (Civil Court cannot set aside termination of private sector employees)
You have the following points in your favor:
i. Breach of contract: Whether notice was given to you or not;
ii. Violation of Principles of Natural Justice: You were not given any reasons for termination and further you were not given a fair hearing before terminating your services;
iii. Non-payment of full and final settlement.
We can advise the time frame required to get you the desired legal relief and detailed course of action once you share the terms of your appointment with the organization.
Kindly contact us for any further details and action.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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