Job
venkat raman
(Querist) 29 October 2014
This query is : Resolved
I HAD BEEN WORKING WITH A PVT.LTD COMPANY BASED AT MUMBAI.I WAS STATIONED AT HYDERABAD AND LOOKING AFTER SALES AND LOOKING AFTER HYDERABAD BRANCH.
ON 14-10-14 I HAD SEND BY RESIGNATION MY MAIL AND GIVING 45 DAYS NOTICE TO THE COMPANY AND SUBSIQUENTLY HAND WRITTEN RESIGNATION TO DGM AT CHENNAI.
ON 20-10-14 DGM CAME FROM CHENNAI AND TOOK CHARGE OF OFFICE BUT FORCED ME TO SIGN A DOCUMENT STATING THAT I HAD PUT MY PAPERS ON 1-9-14 AND THE DOCUMENT FURTHER STATED THAT I SHOULD NOT JOIN ANY COMPITATORS AND COMPANY MANIFACTURING SIMILAR PRODUCTS.
ALL THIS WAS DONE BECAUSE A SUM OF RS.70000.00 WAS TRANSFERED IN MY ACCOUNT TO GIVE IT TO C.A OF COMPANY AT HYDERABAD ON 17-12-13.I HAD DRAWN THE AMOUNT AND HANDED TO C.A IN CASH AND HE NEVER GAVE ME ANY RECIPT.IT WAS ALL INFORMED TO ACCOUNTS DEPT.BY MAILS BUT THEY NEVER RAISED A CREDIT VOUCHER AND CARRIED FARWARDED THE AMOUNT INTO NEXT F/Y.IT WAS HARESSMENT AND FORCEFULLY TAKEN MY SIGN ON DOCUMENT ON 20-10-14 BY DGM.
AS PER APPOINTMENT LETTER,THEY NEVER PAID BY L.T.A,BONUS,SALARY FOR THE MONTH OF SEP14,LOCAL CONVENCE OF SEP14 AND OCT.14.
I HAVE ALL MAILS SAVED IN MY PERSONALID.
PL.ADVICE HOW TO GO LEGALLY IF THEY DO NOT SETTLE MY ACCOUNT.THERE ARE CASES WERE THEY HAVE NOT SETTLED ACCOUNTS AFTER PEOPLE RESIGNING.(1 YEAR GONE BY.).
CAN I MAKE A COMPLAINT IN HUMAN RIGHTS COMISSION ALSO.
ajay sethi
(Expert) 29 October 2014
issue legal notice to company for recovery of your dues . if company does not pay file winding up petition
Rajendra K Goyal
(Expert) 29 October 2014
You have committed a mistake by not taking a receipt from CA and duly accounted for. Amount should have been paid through account payee cheque. Contact the CA and get the receipt now, otherwise company can recover the same from you.
You can send legal notice to company for your total dues.
In private concerns it is general trend shown to leaving employees.
venkat raman
(Querist) 29 October 2014
on 20-10-14 when the company DGM from chennai had come to take charge of hyderabad office and he force me to sign the document stating that i had resigned on 1-9-14 and the company is reveling me on 14-10-14 .the letter in which he had taken charge from me ,i made him write in that letter regarding that Rs.70000.00 would be squared with a credit voucher.
venkat raman
(Querist) 29 October 2014
but that DGM forced me to sign it,threating me that he would not give in writting regarding that Rs.70000.00.
can I now go in labour court and make a complaint in human rights commission.
Devajyoti Barman
(Expert) 09 November 2014
Yes. you lodge complaint with labour Commissioner if your job profile come under the ourview of ID Act.
Else Money Suit can be filed.
Guest
(Expert) 09 November 2014
Well advised by the Experts
Guest
(Expert) 09 November 2014
Mr. Venkat,
Evidently, you have been made a conduit for illegal transaction between the company and the CA, which seems to be an illegal bribe to the CA over and above his audit fee, may be for overlooking some serious irregularity in violation of company law on the part of the company. But you don't have sufficient proof of having paid the amount to the CA. Your mails to the Accounts department cannot be treated as proof of payment to the CA in the absence of payment receipt or acknowledgment by the CA.
Secondly, it seems as if you don't have any written instruction from your bosses to pay the said amount of 70,000 to the CA. Further, you have not mentioned whether you have formally pursued the matter with the CA through mail or physical letters for his receipt for 70,000 or even by having the copies of the mails with the Accounts department made cc to the CA. Naturally, the amount would have been shown as a loan against you by the company. I can apprehend that you may also get some demand letter from the company any time in near future for repayment of that amount to the company.
Thirdly, I don't think, you have any proof against the DGM to have taken your signature forcibly.
Fourth, although you have not divulged your job status in the company, your case does not seem to fall under the jurisdiction of a labour court, as you do not seem to come within the scope of definition of a worker under the ID Act.
So, you need to create sufficient proof before going to the competent court of law. So, examination of your documents is quite necesszary for the purpose of suggesting you some definite course of action in order to get some solid proof of the incidents. It would therefore be better for you to consult some expert at local level to help you get hold of the situation in your favour before you decide to approach the competent court of law.
Sudhir Kumar, Advocate
(Expert) 09 November 2014
Mr Dhingra has understood the problem and hit the nail at right place.
Money cam in your account and has been used to pay bribe etc through CA. Why/whom this was to be paid you did not bother to know.
Someone may advise you to go to Labour court or even civil court. They moment you go to court this 70,000 snake can surface from below carpet and you can be alleged of embezzling company funds because on that day company did not owe you this much amount. If annoyed they can even go to the extent of filing criminal case.
