• Unfair termination - how to fight in court of law

Dear sirs; I am a design engineer with 15 yrs of experience. I have joined a US mnc on 30-06-2012 as a team leader. It is run by an Indian woman NRI who is very high headed and doesn’t like people to express or counter her and hires and fires at her will. The company does not have any rules or policies and she is the one playing god to experienced professionals who’s only mistake is to join the company. I was not getting proper opportunities to justify my talent right from the start. I couldn’t just leave the company in few months and hence decided to wait for 2 yrs and quit. I was made a permanent employee promptly after 6 months probation. But was not getting any good opportunities and always given donkey work and still getting criticism with no details where I got wrong. In the month of Febuary 2014 I had a severe pain in the right knee and was not able to stand and had been absent on few days(5 days) but never continuously and was connected to the office by VPN and worked and submitted work to US as committed. But on the 19Th I was told I am fired for non performance and it is the last day. In the agreement employee needs to give 3 months notice but company would give 1 months notice or pay. They didn’t allow me to talk to find what happened. They wanted me to resign and leave on the same day and when I refused they terminated me. They further deducted complete tax from my salary even though I gave them details of investments and said they would give form 16 and I should claim. But it has caused a lot of agony and disturbed me too greatly, I was to have an surgery on the 23rd and they were aware of it and I couldn’t use the insurance(companys)  too since I am terminated on the 19.
I couldn’t gather enough funds and had to cancel my surgery. I feel they really were very unfair and I feel they should be taken to the court of law. Last two months I sent number of requests to consider my case and allow me a proper exit but I got a lawyers notice that they are justified in terminating and I am harassing them.
Can any expert help me as to what I can do and what are the chances of proving them wrong if taken to court of law. I am in Bangalore and can anyone take up my case. I also learnt I can file a writ in the high court. Need suggestion and help desperately.
Asked 2 years ago in Labour from Bangalore, Karnataka
Since you were employed in managerial position you don't get protection of Industrial Disputes Act . Further being in private employment you can not be protected under Constitutional Law which is available to Govt employees. In a private employment when the person is not a 'workman'   recourse to terms of employment contract can be taken by either party.  However when the termination of employee is on the basis of unproven misconduct creating a stigma on  his career he can challenge the same as illegal being devoid of natural justice. In your case it appears to be termination simpliciter without any specified reasons and hence you can not agitate. But you are entitled to 3 months wages as stipulated in the contract. The advantage to management in notice period is unjustified as this was an unequal contract, against public policy.
H. S. Thukral
Advocate, New Delhi
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