• DGM terminated under probation of last day without any reason

Respected Sir/Madam,
With reference to above subject, I would like to humbly submit for your kind suggestions towards the cited points
1. I have been hired by a Pharma Company to set right their south India Plants/Units on HR/Admin/Statutory Compliances as DGM - Corporate Affairs and Cluster Head.
2. As there was an existing Unit HR people who were
 Not trustworthy and were working along with concerned Unit Plant Heads on Illicit Transactions, they have given me this fancy designation so that no sign of indication is given to them and cautioned to work towards attaining evidences against them so that appropriate actions are taken from Head Office.
3. Within one month of time I have given them necessary evidences towards the disproportionate things happening on which they have asked the Plant Head not to attend duties and consequently transfer of his supporting staff including HR has been shuffled to other unit.
4. They appreciated my work and a new plant head has been transferred to this unit.
5. The Plants which these companies possess doesn't have any statutory compliance in place and these people care a damn on compliance to an extent of not paying PT, PF, Annual Returns etc.,
6. The new Plant Head who has come was a hypocrite and was working from behind against me as he was unsecured of my presence and has succeeded to create false impression on me as one of their technical director was providing continuous support to him and was told after one month not to attend duties for 3 days.
7. They have not said any reason and said will discuss on length after 3 days on halting my services. Their Group HR head who was unsecured right from my joining has sent what's up message that we will be not able to continue with you as their expectations have not been met by me. 
8. This is a complete plot by them they have hired me only to see the required changes and to audit the things and removal of unwarranted manpower and after they succeeded they don't want my services as I may be potential threat to their top manpower at unit and on their illicit operations. 
9. I have been followed up relentlessly through a known 3rd party reference to join this company.
10. If their Appointment Letter says that 3 months of notice has to be given by either parties to depart on professional grounds, How can they take Unilateral Decesion by sending a simple message through what's up.
11. Their Group HR says in probation there is no 3 months notice and when given him the snap shots of points of Appointment Letter he says not to misinterpret. 
Kindly advice what can be done in this case if I don't get my current salary and 3 months Notice Period Amount against this nasty employer who is in news on narcotics cases and thousands of crores bankruptcy cases. 
Thanks/Best Regards
K.N.K. Chakravarthy
Asked 7 years ago in Labour

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3 Answers

1) if as per your appointment letter 3 months notice has to be given on either side and company has terminated your services you are entitled to 3 months salary

2) if company refuses to pay you 3 months salary dues issue legal notice to company to pay your dues

3) also file summary suit under order XXXVII of Civil Procedure code to recover your dues

Ajay Sethi
Advocate, Mumbai
97332 Answers
7864 Consultations

Hello,

You can serve them with a legal notice first and if they still do not agree to the terms and conditions as laid down in the agreement you can sue them in the court of law for breach of contract.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

First you issue a legal notice venting out yor grievances to the company and mention that whatever action they have proposed to initiate or already taken is illegal and contrary to the conditions of employment as well as to the law of the land.

You may instruct that if there is no remedy to this as per the conditions of employment and your pay and allowances have not been paid, you may aproach court of law for legal remedy and the costs and consequences are to be faced by them.

You can consult a local advocate and issue a legal notice first and await his reply.

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

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