Facing harassment to recover full and final settlement from ex-employer

This query is : Resolved 

Querist : Anonymous (Querist)
27 October 2011

I was employed with a small agency company of India (say ABC), having a liaison office in Dhaka, Bangladesh.

Like other employees, I was only issued an e-mail offer letter mentioning my salary but I was not issued any appointment letter with terms etc. This is the standard practice in that company, I came to know later.

I am an Indian and was sent to Dhaka as their country manager (not coming under labor law). I went there under business visa (not work permit). Seeing acute lack of professionalism and self-destructing actions of the working partner (he looks after the working. The other partner is a large company and they do not interfere in day to day work of the company I worked for), I resigned after working for 5 months. resignation was accepted amid his very rough and rude behavior (I knew he does this with all leaving employees and he does not pay salaries for 3-4 months average). Though my relieving letter mentioned that the full and final settlement will be made "shortly". My due was about $ 2,100, payable in India and in Indian Rupees.

When I followed up for the dues, ABC's office in Dhaka sent me a letter debiting me $ 2,000 on account of using my office laptop for personal use! They also made several baseless and silly allegations without any specifics. This is the nature of that person and he has been successfully fleecing employees this way.

I sent a legal notice, and did not receive any reply. I have sent my complaints to this company's financing partner who has requested me to send my case along with the others who are facing similar fate at the hands of the

Now I hear from my sources in Bangladesh that this MD is planning to ruin my life and career by sending several legal notices from many places, like Bangladesh, Nagpur (where they have office), Punjab (where the company has office), South Africa (where the company has a forex transfer account). It is reported that ABC's MD will use the larger financier's legal resources to harass me this way.

My questions are:

1. Can any company based in India do such harassment when I, as an Indian, was given appointment in India and sent from Delhi to Dhaka under non-work permit ordinary business visa.

2. What steps should I take to protect myself from such harassment. I do not have resources/money to go file or fight cases in Chandigarh / Nagpur or other far flung areas.

Request for your well thought suggestions, please.

With many thanks,

An honest manager living in Noida

Devajyoti Barman (Expert)
Click to Talk
27 October 2011

The dispute has nothing to do with where the company has set up or where you worked.
Rather it is a case for character assassination and the reliefs available to you.
Do not waste any time and file a case for criminal defamation.
File a civil suit as well to recover the arrears as well.

ajay sethi (Expert)
Click to Talk
27 October 2011

since it appears that company has defrauded many such employees it would be better to cordinate with other employees and file civil suit claiming salary arrears .

the fact that other employees have also been cheated and have filed cases will help you in case company subsequently files any cases.

ajay sethi (Expert)
Click to Talk
27 October 2011

engage a local lawyer in delhi . contact Mr Ramchandran from this site . he stays in arjun Nagar new delhi

prabhakar singh (Expert)
27 October 2011

i agree with Mr.Sethi.You must act now.
Below given is the mobile no.of Mr. R Ramachandran Advocate, New Delhi.
Mob: 9868211477

raj kumar makkad (Expert)
27 October 2011

I agree with Barman.

Querist : Anonymous (Querist)
27 October 2011

Respected Sirs,

Many thanks for your kind and valuable advice. I need to add another point. I am coming out of anonymity now.

Earlier, in this forum, I got suggestion of filing a civil suit claiming the dues at the place where the company's registered office is located. That place is in Chandigarh. I am reluctant to go there to file a suit because a) it is practically impossible for me to travel all the way to Chandigarh whenever the court dates are due and b) the MD claims to have contacts with local goons and I do not want to face security issues for my lawyer or myself.

Therefore I had first issued the company a legal notice. I did not get any replies. I sent another reminder and notified the MD and the main financing partner that if the company does not pay my legitimate dues within another extended time, then besides keeping the legal option reserved, I shall share my plight at the hands of that company, to my professional contacts in the industry (I am a senior professional in the textile industry) and only the company shall be responsible for any losses that they may face because of such action. Still they opted to ignore my final notice. Then, after waiting for one more week, I have published the wrongdoings of the MD faced by me and the other ex-employees in my blog and got a very good response in my favor from many people particularly the ex-employees who posted messages agreeing with my findings and blasting the MD. Each word of my allegations are specific and have proofs to establish my findings as a professional. The all out propaganda was so strong that the senior partner company's chairman came forward and approached me through their HR head expressing sorrow of such treatments and requested me to give the detail of dues to myself and other ex-employees - I have done that. Now they are taking time to take it up to the MD of my ex-company, post Diwali.

The link to my blog is here along with all postings, including that of the MD, Mr. Prakash Mishra. You can read the content by going to this link: http://tinyurl.com/3uf26s3

Therefore: While the MD had tried to defame me and trying to harass me and others to avoid paying up due salaries, I have also publicized his misdeeds in my blog. Only difference is that I have solid foundation of my statements and those are specific while the allegations from the MD's end is vague and false.

My question: In such a case, would it be wise to go for filing defamation suit as criminal case against the company.

Again, the link: http://tinyurl.com/3uf26s3

Thanks for your kind attention and time.

Warm regards
Arun Chattopadhyay
B.Sc., B. Tech (Textile Tech)., Dip EKS
Textile Management professional

Querist : Anonymous (Querist)
29 October 2011

Dear Sirs,

I am awaiting your advice after my above posting. Kindly revert with your expert opinions.

Thanks in anticipation.

Warm regards
Arun Chattopadhyay

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