• Termination of employee without clearing dues

This query is related to husband of my household help.
He used to work as office boy with a reputed private manufacturing company for more than 20 years. There was a case of some office money being stolen under his supervision (the money was later founnd and returned back).
He has been suspended from the job without any clear message being given when he cann rejoin or when his past dues will be given to him.
i wanted to understand what are best advisable legal options for him in this case.
Asked 1 year ago in Labour from Pune, Maharashtra
Hi,
1. if he has been terminated under the suspicion once the matter was cleared they should have reinstated him.
2. If he was found not guilty or right now there is no allegation and charged under penal code against him, he should ask for compensation for the harassment, loss of job, payment and mental agony he suffered.
3. Now he should send a legal notice asking for his salary dues and service allowances as per the service rules which was offered to him ,along with  compensation for false allegation , mental agony loss of payment etc.
4. He can approach a labour tribunal with his complaint and proceed further , if the legal notice is not responded in his favour by the company.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1.What are the contents in the suspension order?
2.What charges have been framed against the office boy?
3. Is this office boy getting subsistence allowance. Subsistence allowance increases with the increasing period in his suspension period.
4. Does the domestic inquiry initiated against the office boy.
5. If the inquiry is over, what does the report say.
6. His suspension order may be set aside and all his held up salary and allowances may be paid back, if the office boy is not proved guilty.
7. If it is proved that he is not guilty, then he will be reinstated with all the benefits accruing retrospectively from the date of his suspension..
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
1. Is he a permanent employee?

2. Does he get salary slip while receiving his salary?

3. Has he got appointment letter while joining or at any point of time during his last 2 years of working?

4. Has he been suepended by issuing a letter?

5. if yes, then he is expected to be a permanent employee and has been subjected to disciplinery action,

6. During this period he is expected to get sustenance allowance,

7. Wait for some more time to watch the developments,

8. If he faces injustice, he can approach local labour commissioner seeking justice,

9.esently he can also approach his workers' union.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
He can challenge the suspension order in court and seek reinstatement ,back wages and continuity of services. Or he may file with labour department against employer and seek recovery of dues,wages,gratuity etc. in case he does not wish to work with the same employer.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
He was suspended or removed from service. This is a case of criminal misappropriation. The company might have taken disciplinary Action against yr husband. It is advisable that he make a representation to find out his status.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0

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