Terminated from service
4 years ago
Working in public sector undertaking since 4 yrs now terminated please give a legal opinion
Shreyash Mohta
Responded 4 years ago
A.Send a legal notice through a lawyer.
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Rameshwar Dadhe
Responded 4 years ago
A.You will need to send legal notice through lawyer
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Rajeev RJ
Responded 4 years ago
A.You need to challenge your termination order before the High court.
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Shah Rukh Ahmad
Responded 4 years ago
A.You can challenge your termination on the following grounds:
1. If Domestic Enquiry has been done: On the basis of the findings and the charges. Whether the Domestic Enquiry was conducted fairly and without bias and whether all the principles of natural justice were met or not. Rules and regulations of the PSU.
2. If no Domestic Enquiry was conducted: On the ground that since no Domestic Enquiry was done, there has been travesty of justice and you were not issued any show cause so that you may have answered to the charges of the alleged misconduct.
The terms and conditions of your Service Contract would also have to be seen.
The forum for challenging your termination would have to be determined after considering the fact as to under what category of an employee you fall, meaning thereby that after seeing that whether you belong to the workman category or a non-workman category.
1. If Domestic Enquiry has been done: On the basis of the findings and the charges. Whether the Domestic Enquiry was conducted fairly and without bias and whether all the principles of natural justice were met or not. Rules and regulations of the PSU.
2. If no Domestic Enquiry was conducted: On the ground that since no Domestic Enquiry was done, there has been travesty of justice and you were not issued any show cause so that you may have answered to the charges of the alleged misconduct.
The terms and conditions of your Service Contract would also have to be seen.
The forum for challenging your termination would have to be determined after considering the fact as to under what category of an employee you fall, meaning thereby that after seeing that whether you belong to the workman category or a non-workman category.
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