Legal Question in Employment Law in India

I use to work in "O/o Cantonment Board". I was terminated from services on 28-04-2014 for allegedly taking 3 days leave without informing the office, alleged misconduct. My 2yrs of probation period ended on 31-07-2013. There was no extension of probation period. Appointing authority claimed, that i was still in probation period. There was no natural hearing. No notice period or pay in lieu was given.

The very next day of Termination, my post of vacancy was filled without any public notice or notification to "Cantonment Board" or any other supervising office.

My first appellate authority is "Cantonment Board". I first appealed on 22-07-2014 to "The President of Cantonment Board". He replied "Termination was carried as per order". I filed 2nd appeal on 22-09-2014, for which i havn't gotten any reply.

counsel needed on this case. Help will be much appreciated. Thank you!


Asked on 5/13/15, 12:40 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

13.05.2015

Dear Sir / Madam,

The contention of the appointing authority that you are still in probation period is baseless and legally invalid, Taking three days uninformed leave from Office is not a tenable ground for termination. You should file a service reinstatement petition before the appellate authority requesting the appointing authority to show cause and justification for termination of your service, and you should claim restoration of continuation of service with effect from the date of invalid and illegal termination with full benefits. A copy of the petition should also be forwarded to the Ministry of Employment and Labour, New Delhi for their intervention to resolve the matter.

Regards,

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Answered on 5/13/15, 3:14 am


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