Termination During The Notice Period with Reason of Misconduct Termination During The Notice Period with Reason of Misconduct

5 years ago

I worked as a manager in a private firm had put down my papers and was serving 45 days notice period but the organization terminated me 4 days short of my last day on the basis of misconduct.
I worked for the organization for the period year 10 - 15 worked fora different organization for 5 months and joined back the same organization for 16-18, the organization never issued me the relieving or experience letters for the period 10-15, when I had asked for the same was issued a letter mentioning my experience for the year 10-15 and the current one but signed by the regional zonal head.
Now I intended to move to a new organization the new organization sent a verification check request to my current organization but not to the Mumbai office but to the head office out of Mumbai.
When the head office questioned the zonal head as to how come the letter was issued from Mumbai the zonal head alleged that the letter was made by me and is forged.
On 6th I put down the papers, till 16 I worked for the organization on 13th the Mumbai office sent an application to the police to lodge an FIR. but I was not even intimated.
Till 18th the Mumbai office tried to reason with me to agree that I have made the letter so that my Family and My daughter won't have to face the wrath of the police.
I being not wrong didn't budge a bit, so to harass me these people pull out my PC, made me sit on an empty desk surrounded by the executives making mockery of me.
I had sent them resignation mail and a reply to all the allegations via mail and the police verification was still on these people terminated me on the basis of Misconduct 4 days short of my last working day.
If I was fraud these people should have terminated on the first day moreover though a police application as filled against me on 13th I worked for the organization till 16th replying all the mails.
My question here is that these people filled an application to the police and the matter is still being investigated do these people have the right to terminate me before the last day as mentioned in the notice period.
More over the matter is being investigated still these people have mentioned that in the termination letter that I committed fraud and misconduct and hence am being terminated.
I had sent them resignation mail but these people have not accepted the resignation via mail but in various reply to my mails have acknowledged the I am on notice period.
Even in the application sent by the organization its clearly mentioned that I was serving 45 days notice period.
All my work experience mentioned in the letter is true with nothing vague mentioned and the only question in here is the signature which the zonal head is claiming is of not his.
The matter is still being investigated, my quest to you is can these people terminate me though there is no clear outcome of the investigation.
And what can I do in this case.

Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client kindly issue legal notice through any local lawyer. approach to labour commissioner office and file complaint.
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Vidhi Samaadhaan Vidhi Samaadhaan

Rajender Prasad

Responded 5 years ago

A.FOLLOW AND COMPLY WITH THE ADVICE OF MY LEARNED ADVOCATE COLLEAGUE. For details, pl.contact some family lawyer like me through vidhikarya.com
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ARPIT BATRA

Responded 5 years ago

A.Send them a legal notice initially.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
You can resolve your issue by approach Labour Commissioner under following provision of law.
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.-
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation
officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]

For full procedure contact me on mobile through Vidhikarya.
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Vidhi Samaadhaan Vidhi Samaadhaan

Shanti Ranjan Behera

Responded 5 years ago

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A.Dear Client,
You have the right to dissent.
You have the right to go to the Court of Law.
Try to get a good Advocate through Vidhikarya.com who can send a Legal Notice immediately.
In between you will get some breathing space to arrange your papers properly to fight in the Court of Law.
Shanti Ranjan Behera,Advocate
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Rameshwar Dadhe

Responded 5 years ago

A.Dear sir if Ur r nothing done any misconduct then send legal notice through lawyer
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