Help Please. Termination Instead Of Relieving - PDF Download

Hi Sir,

I was working with a company for 9 years with many accolades.. it was a great journey till the time I resigned and did a blunder mistake.

Few days before resigning, I sent an email to my personal ID, having my presentation on the project I did. It was blocked due to firewall and exception was raised.

Just on the last day, I was called for one-o-one with compliance, HR & Ops. They discussed what I did and asked me to write a apology letter. They also asked me to login to my personal mail and scanned my mailbox. Nothing was found.

After this I met with both compliance and HR and they both said, since the presentation didn't went out and didn't find anything else in your email box, the issue wont affect you.

I have a joined new company and a friend of mine told me (he's with HR), that they are planning to issue termination letter and a legal notice to me. I immediately called compliance officer and he said that he didn't even opened the case as the issue was resolved on that day only.

I am confused what to do. If they issue termination letter it will be caught in my BGC by current employer.

What can I do... I know I did mistake, so I co-operated in investigation and also gave written apology. Why the hell they want to spoil my career even with such significant long good past.

If they do so, can I counter sue them. The base would be if the issue was resolved why it came after my relieving with company specially when they know it will spoil my career.

Regards

Anonymous

Dear Friend,

Please categorically tell the HR of your previous company that you will take legal action if you are not issued proper relieving letter. The law says that they need to conduct enquery as per procedure given under Industrial Disputes Act. Wherein it has been given that you have to first issue a show cause and only when you reply to it in writing and your explanation is found unsatisfactory they may constitute enquiry against you. In your case they have not done so. You can approach to Labour Commissioner of your area and get a proper releiving letter.

The Company HR cannot ruin somebodys carrier like this. There is one thing called quantum of punishment in labour laws. Your case doesnt deserves such an harsh punishment like this. Moreover it is the common principle of Law that you cannot give harsh punishment for petty offence. Please stand against such arbitrary action. All you got to do is to take help of some labour commissioner.

Best of luck.... Feel free to revert in case of any doubt...

Mr Kamal,
The ID Act do not have any provision on enquiry.Second thing, one can go to Labor Officials under ID Act only if he is a 'workmen' under Industrial Disputes Act.All persons cannot go to labour officials when terminated.
Varghese Mathew
09961266966

Hi,
In My Opinion,Have meeting with concerned authority of the company and discuss your case openly the way you did it on this forum.Know the very policy guidelines of the company in respect of the case you are into.Gather the references and evidences in support of your case and then Proceed legally to resolve this issue.No company will be so harsh to do wrong with their employees.I feel there is simply a problem of understanding the case in totality.
Nevertheless, one thing can not be ruled out, and that is, if your act of mailing presentation details of project even accepted by you as mistakenly done action, could be viewed seriously depending on the vitality of the project to company.
So Be Careful in what ever action you take.
Best Wishes.
Bijay

Dear Mr. Mathew,
Please go through the attached file and decide for yourself whether the same is not covered under Industrial Disputes Act.
Your guidance is humbly solicited on the same.

Dear Mr. Mathew,
Also i want to state and affirm on my stand that his offense is not big enough so much so that it warrant the punishment of dismissal without giving him the opportunity of being heard. Also under any Law of the land the rule of quantum of punishment is applicable and even if i assume that he is not a workman still he is covered under the principle of natural justice...
your views are invited on the same...

Dear Kamal,
My response was with regard to your sentence"The law states that they have to conduct enquiry as per procedure given under Industrial Disputes Act."
For the information of all members would you kindly refer the section of ID Act which gives procedures for enquiry.Actually it do not have one.As far as labor law in India is concerned there is no legislation (except IESO Act 1946 to some extend) prescribing domestic enquiry.There is prescribed procedures foe Government servants.
In the file you attached also,there is no reference to ID Act.I agree that enquiry is desirable,though it is possible to terminate a workmen with out enquiry.
Varghese Mathew

Dear Sir,
You and I are one the same page on the need of Enquiry but all i want to add is that his offence is not big enough to be given the harsh punishment like termination and this type of case do need formal enquiry, if you want to terminate anyone.

Dear Anonymous

Based on what you have shared

1. What you did was wrong. It will be even more complicated, if the presentation which you sent out contained confidential information or information which is not normally available to others in public.Also it is not clear if you have joined a competitor. If so, the situation gets complicated. Understand this very clearly - transmission of company's confidential information without company's specific consent is punishable under the law.

2. You mentioned that you have given an apology letter and it has been amicably settled before you leaving the company. But did you send such documents or presentations to your e mail id before the one where you were caught ? If so, the company may have all the right to proceed further on this matter.

3. You also seem to be getting worked up on "information" given by someone. Is it reliable info? If so, it will be a good idea to immediately contact your ex Boss, HR of ex company and request politely for a relieving letter. If your mistake was just a one time mistake, you should not have a problem. But if you have "by mistake" done it in the past, the situation is tricky.

4. Your good conduct and performance for a long period does not give you any right to take or pass confidential or restricted documents outside the company. It was company's property and you messed with it without permission. Do not mix up issues.

Meet the past company with genuine intent to solve this and request them for support.

Dear Anonymous,

Are you a workman within the meaning of section 2(s) of the industrial dispute Act? If this is the case, Industrial Dispute Act 1947 within the meaning of section 2-A applies on you. applies on you. If not, you have first to see, the standing order/service conditions of your company as well as the conditions under-laid in your appointment letter. In any case, the authorities are bound by 'natural justice' and cannot deny you the same. Since termination is a major punishment, they have have to follow procedure laid down.

Before framing charges, they have to conduct preliminary investigation then issue you show cause, which if found unsatisfactory by the disciplinary authority can frame charges. A copy of the charge- sheet shall be delivered to the delinquent. A charge- sheet must contain substance of the imputation, statement of imputation, list of documents as well as list of witnesses. You have to reply that charge- sheet. If the disciplinary authority remains unsatisfied then only enquiry can be started.The departmental inquiry will start with the delinquent getting a 'help' in form of defense assistance. If you are punished, then you can go for appeal and then for review. Also, the punishment cannot be disproportionate.

I think, you may now work with a light heart.

Thanks.

Namitsushma