Sunday, July 18, 2010

Sacking of private employee reversed

By S A Ishaqui
Hyderabad, July 17 :A division bench comprising Justice T. Meena Kumari and Justice Gopalakrishna Tamada of the AP High Court has set aside the termination notice issued by Dell International Services India Pvt. Ltd. to one of its employees, Mr Rajendran Chingaravelu.

The bench was dealing with a civil miscellaneous appeal filed by Mr Rajendran challenging the termination issued by the company by taking cognizance of a dispute outside its premises. The petitioner told the court that he was terminated from service on the ground that he had a parking dispute outside the company’s comprises and on public road.

During the hearing, the judges observed that the company may take disciplinary action for matters within its four walls but not beyond. The offence that the employee has been charged with, even if it is true, is a petty one according to the law.

While setting aside the termination order, the court directed the company to either reinstate the employee or pay the scale till the disposal of the original suit filed by the employee in the civil court.

1 comment:

ఆర్.ఆర్. కృష్ణ కిషోర్ said...

really it is a petty case
but i would like to bring one thing to the notice the viewers

stock broking firms and insurance firms lay off hundreds of their executives every month working with marketing department without issuing any notice to them on the pretext of not meeting with their targets
even they block the salaries for months together
it is a routine affair with these firms

sure it is a utter violation of labour acts
so far no one challenged this indiscriminate terminations of employment by these firms
i observed that branch offices of these firms regulary receives caution notices from their HR departments as a part of inter office communication to refrain from such practises and also it warns of future legal implications if any one approach and files petition with courts of law
but they set aside these notices and continue with this unlawful practises
some of the firms deducts pf contributions twice a month to compensate the contribution from their part
in fact they have to equally contribute the same amount which they deduct from their employees
but they deduct twice the amount of pf contribution from the employee only