I was employed at L&T Construction for past 7 years. I was selected via campus selection process and joined L&T as a GET.I have served the organization for 7 years and my past appraisal papers were rated as Top Performer. During a recent audit held at my office in Lucknow, L&T officials visited Lucknow cluster to audit Mr. R.K.Sharma (Cluster Project Manager- Lucknow) and after the audit they took away the company laptop issued to Mr. R.K.Sharma and also that of mine. After that our portal access was blocked. I tried to find out the reason for the same as I was not audited at that time but to my surprise my official ID was blocked by the company. I tried to find out the reason from his superior Mr. R.K.Sharma and he also suggested him that audit team was asking personal details and raising allegations for being involved with sub-contractors. After this I called to Mr. Prabhat (Head HR Mumbai) and he told to me to go back to my home town and wait till further instructions.After this incident I was worried and wrote a mail to the management of L&T (subject –Plea to seek Management support regarding recent audit at LKCL, RBU dated: 16th September 2017) in which I had requested the management to call him for review and clarifications required from my end. I was called by L&T Management at Chennai Head office on 18th September 2017. I was audited by Head of CAS team along with Mr. Prabhat Kumar (Head HR). Their main query was about why there were a lot of work orders and vendor codes created in the name of Mr. Bipin Singh. My reply was that: It was all discussed and approved by L&T Management to process incidental payments to the client for processing monthly running bills of projects under Lucknow Cluster. It was strictly instructed by Regional Head North (Mr. N. Kaul), Cluster Project Accountant (Mr. K. Ramakrishnan), Cluster Manager (Mr. R.K.Sharma) and Project Managers of respective sites not to disclose this matter to any member in or out of the organization. The instructions from the top management were followed by my client during the recent audit held at cluster. All work orders related to these payments were made by site Planning Incharges and Project Managers. Based on attached approval and reconciliation by project Accountants, I had the instruction by Cluster Manager to process the work orders. It was all case of bribing to the client and my involvement with subcontractor Mr. Bipin singh. All the above points were clearly explained to the audit team by me during review at Chennai head office. In spite of helping the management I was issued a termination letter on 20.09.17.I got trapped viciously after getting into position of cluster coordinator and I has always worked helplessly under the instructions / threat of his seniors who were well established in the company for past more than 25-30 years. How should I proceed as L&T management is not listening to me and I have scan of all approval documents.
what are the reasons mentioned in termination letter?
what was your designation in company? what were your responsibilities?
you cannot claim reinstatement if you dont fall under category of workmen . you would at most be entitled to compensation on account of your termination from services
Hi,
The termination by a private company by due investigation will have no legal effect as the employment is these organization are at the sweet will of the employer.
As company has issued you termination letter after a due enquiry it means the audit committee have found you guilty in investigation.
Advice you to not waste your time and energy and leave behind your past and find out another job.
If there is any pending dues ant paid by L&T you may file a money suit in civil court Lucknow.
If you wish to go ahead with legal against the company you may file a suit in HC but don't be very optimistic about the outcome from High Court.
Good Luck!!
Hello,
You may please answer the following questions in order to enable us to give a concrete reply:
1. What is the reason given by the company?
2. What was your designation in the company?
If you have been removed after inquiry then I do not think so that there is any point in pursuing any case. However, you may file a suit in the Civil Court to claim compensation from the employer.
Regards
1. Reason given by the company - Violation of company's code of conduct and indulged in activities betraying the trust reposed on me and in discharge of my duties. But the same was told by the L&T Management and my seniors to process the work orders based on written approvals from them. L&T should have given me time to reply back to their queries and findings against me. I have not done anything that has affected in financial loss to the organization. My designation in L&T was- Asst. Construction Manager (Civil) and I was reporting to Cluster Incharge - Mr. R.K.Sharma. Company Management (EVP & Accounts head) decided to bribe the client for smooth processing of monthly running bills and gave written approvals for the same and asked us to keep it confidential. Our Management chose only one vendor (Bipin Singh) so that matter does not leak out in and out of organization. Now after audit team found out this, they have issued termination only to me and Mr. R.K.Sharma for the same. I havent signed in any of the approvals given by the management as I was in a very junior position. Company has terminated both us without giving any notice pay or other benefits. Now it is difficult for me to find a suitable job with this termination letter and I and just 30 years old. I have a long career path ahead of me. Please suggest.
Hi,
If you feel that you are victimized by your seniors as you had no proper authority to pay or bribe then you may move to High Court Lucknow bench with your prayer for justice and compensation.
1) take legal proceedings to set aside termination order as it was passed in violation of principles of natural justice
2) no personal hearing was granted to you
3) take the plea that all decision taken with approval of your superiors but yoga e been only targeted
4) no benefits were paid to you
If LnT has taken a decision to terminate you unilaterally, without considering your version, this termination is unfair.
You have the option to challenge this termination since the same is biased, unfair and arbitrary.
Contact a local lawyer to challenge you termination and seek damages in its lieu.
You could consider sending a legal notice to LnT in the present matter, before you move to Court and file a case.
You can file a case in the civil court to claim compensation.
contact a local lawyer
Regards
Before commenting in detail, advise you to refrain from using the names of the employees in public web sites.
Seems you have been made a scape-goat in this large scale scam which happened within the organization. Also, the principles of natural justice has been violated. The conduct of the company in illegal termination will have long term repercussions in your career. Although it is violative of Art.14, 19 and 21 of the constitution of india, still a writ petition before the high court to get appropriate directions shall not help in this case. It will be waste of time, money and energy.
As the termination letter has been issued within the limits of chennai and part of cause of action arose from chennai, a suit can be filed for injunction, damages, specific performance and declaration to set aside the termination order.
All the above points were clearly explained to the audit team by me during review at Chennai head office. In spite of helping the management I was issued a termination letter on 20.09.17.I got trapped viciously after getting into position of cluster coordinator and I has always worked helplessly under the instructions / threat of his seniors who were well established in the company for past more than 25-30 years.
How should I proceed as L&T management is not listening to me and I have scan of all approval documents.
You have to approach high court with a writ petition seeking reinstatement of your employment.
The inquiry was not conducted in a proper manner neither the charges were proved, hence it is an arbitral decision or vindictive action
Now after audit team found out this, they have issued termination only to me and Mr. R.K.Sharma for the same. I havent signed in any of the approvals given by the management as I was in a very junior position. Company has terminated both us without giving any notice pay or other benefits. Now it is difficult for me to find a suitable job with this termination letter and I and just 30 years old. I have a long career path ahead of me. Please suggest.
The management is knowing the entire background of the scandals going on in the company and are not able to initiate any action agaisnt the seniors for such lapses hence they found some scape goats like you and your reporting officer.
The remedy for this is either you issue a legal notice and await their reply or approach high court directly with a writ petition seeking releif and remedy.
.
Sir please file a case against company in labour court for illegal termination without giving notice or without giving any chance of representing your case.
Please take note of your options -
1. You can call for the domestic enquiry committee for the investigation of this matter afresh. However, I presume that it has already been done in your case and based on the conclusion of this committee you have been terminated from your services.
2. You can challenge this order passed by the committee before the labour court (if you were not employed as a manager or were not holding any benefits which anyone enjoys by the way of holding managerial post) or before the civil court (if you hold any sort of managerial post in your company).
3. You can seek damages, compensation and reinstatement of your job as a prayer in your case.
