Terminated BEC of data stolen (Indian law)

[lawye]

hello everyone,
I want to ask a question regarding an educational providing company basically an institution. The company has terminated an employee and also refused to pay his salary of 3 months which was continuously being delayed by the company from last 1 & half year. The company never paid the salary on time. The reason of terminating the employee was that he had some data of the company saved in his personal hard disk and he was also found guilty for giving private tutions to the in-house students of that particular institution.

The company also asked the employee to pen it into paper and sign it that he is guilty of the tasks he has done ie.providing private tutions and keeping the company's data.

I want to ask you that is this a crime and if not what actions could be taken and how can he get back his 3 months salary.

Tell your answer according to Indian Law

[AFFA]

I wish to inform you that employee can challenge non payment of income of 3 months. If the employment agreement restricts tuition then college can make it a reason for termination and not otherwise. A demand notice can be sent by the employee. If after notice no payment is made then lawsuit can be filed. Further if institution is approved from AICTE then an application can be made to AICTE that institution has defaulted salary of 3 months. Institution can only claim their loss and not any other amount.

AFF

[lawye]

thanks for your answer. one more thing i have to ask.
as they have made him write and get signed in paper for his guilty and will loss all last three month salary. so now how and by whom he should claim, according to indian law

[Lexus]

The law relating to termination of employment in India distinguishes broadly between three different situations: dismissal for misconduct, discharge and retrenchment. As regards termination of employment for disciplinary reasons, some instances of misconduct which may justify dismissal without notice. Termination of employment is unlawful if it is for reasons related to trade union membership or activity; filing complaints concerning the employer; race, colour, sex, marital status, pregnancy, religion, political opinion or social origin. The dismissal or retrenchment of an individual is deemed to be an industrial dispute, hence the ability of a worker to take his or her claim to the Labour Courts. The burden of proving that dismissal was for a valid reason rests with the employer.

[lawye]

thanks, but as if company will say that he has singed by himself that he is guilty. now what should he do, now also can he clam