Termination without 3 months notice or paying 3 months salary in lieu of that

[Anonymous]

I had joined a company about 6 months back. There was a condition in the appointment letter given by the company that either side can terminate the service by giving a 3 months notice or paying 3 months salary in lieu of that.

However, 2 days back, the company has suddenly terminated my service without giving such 3 months notice in advance and without paying any 3 months salary in lieu of the notice. Is such termination valid? What can I do?

[Dr. Ashok Dhamija]

On the basis of the limited facts stated by you, it appears that the order of termination of service was made in violation of the conditions mentioned in the order of appointment itself. As such the order of termination appears to be void and illegal. In consultation with your lawyer, you may consider filing a suit for declaration that the order terminating your services was illegal and that you be treated as continuing in the service of the company on the ground that the order of termination of service was in contravention of the terms of employment order itself. The judgment of the Supreme Court in the case of Prabhudayal Birari v. M.P Rajya Nagrik Aapurti Nigam Ltd., (2000) 7 SCC 502 : AIR 2000 SC 3058, may be of help in this regard.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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