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Office work

(Querist) 28 January 2015 This query is : Resolved 
I am working in private hospital as computer typist for the last 15 years. Almost 9 months back I reported some important matter to my head office against my senior officers who in turn to take revenge took away my personal labtop and found some office files relating to 3 years old files. Although at that time I was given verbal permission to do typing work in my personal laptop by my supervisor verbally who refused. I was issued warning letter to keep office files in my personal laptop. My query is that sine there files were unsigned and that too of 3 years old files. Warning issued as per our hospital rules is valid for 9 months from the date of issue. Now the problem is that I am being harassed on & off for approaching the head office by my senior and they are just finding ways to remove me from service. Please clarify although files found on my personal laptop were 3 years old and that too without any signed document and until and unless any document is not signed how it can become valid. Can they remove me from the service for keeping these files on my personal laptop. Please advice urgently.
Kumar Doab (Expert) 28 January 2015
Make up with your seniors, if you can.....

Still if they have become zealous/vindictive/discriminatory gather evidence ..........irrefutable evidence.

In case the situation is created then you would be defended by evidence.

Reply that you were permitted by the senior.
Record (audio/visual\witnesses/minutes) the incidences of threat/rowdiness/rudeness/coercion etc.......and become member of employee's/trade unions.
The union leaders can accompany you and take the incidences in the minutes and issue demand notice......


Report the matter to Inspector appointed under (name of your state) Shops and Commercial Establishments Act, Labor Inspector........in writing under proper acknowledgment and obtain copy of report.......If you have evidence then Inspector can't fudge the report and this shall be a useful document....


raju (Querist) 28 January 2015
I want to know that office files relating to my work of 3 years old which were found on my personal laptop were unsigned documents which were never updated or modified which is an evident that if I intentionally have kept this filed than same would have been updated or modified from time to time but in this case it was one folder in which all files were of 3 years old. My query is that when office files unsigned and not modified or updated and old of 3 years back can this become removal of my services, since I came to know from my colleges that senior officers are planning to do so. Please advice.
raju (Querist) 28 January 2015
I want to know that office files relating to my work of 3 years old which were found on my personal laptop were unsigned documents which were never updated or modified which is an evident that if I intentionally have kept this filed than same would have been updated or modified from time to time but in this case it was one folder in which all files were of 3 years old. My query is that when office files unsigned and not modified or updated and old of 3 years back can this become removal of my services, since I came to know from my colleges that senior officers are planning to do so. Please advice.
Kumar Doab (Expert) 28 January 2015
Employer can terminate and dump the employee in courts to fight the bad termination order.....

Employer has to follow certain rules before effective termination...................many of them do not bother about the rules....


For any misconduct (duly listed in misconducts as per standing orders) employer must issue show cause notice, conduct domestic inquiry provide opportunity of natural justice and then pass speaking order.....


If your seniors in line management have become vindictive you must escalate to good offices of appointing authority, MD, Chairman, Board and exhaust the internal options.........

You must gather the irrefutable evidence ASAP and also approach your union, and an able labor Law Consultant/service matters lawyer ASAP and proceed further under their expert advise....
Rajendra K Goyal (Expert) 29 January 2015
There are so many ways to harass a junior by a senior in private concerns.

Better search for another job if you can. Till then try to keep mum and gather proofs against the officer to report on wards in case of need.
Guest (Expert) 29 January 2015
Well advised by Expert Mr.Kumar Doab
P. Venu (Expert) 29 January 2015
The files in the laptop themselves may not amount to delinquency, unless the employer can prove wrongful intention. However, this is a sufficient material for the vindictive employer/management/bosses to harass you.
ajay sethi (Expert) 29 January 2015
better search for alternate job .
T. Kalaiselvan, Advocate (Expert) 01 February 2015
This as a result of your complaint against them. Dont ever think that they will collect only this evidence against you, they will be planning different strategies to oust you out by including other flimsy grounds too to strengthen their case. Now you have to watch out every step you take very carefully to avoid more false allegations that may crop up sooner.
raju (Querist) 05 February 2015
The management have terminated my services that my services are no longer required. Please state now whether I shall approach the Labour court or High Court to reinstate my services. Whether charitable hospital is covered as industry.
Sudhir Kumar, Advocate (Expert) 09 August 2015
repeated

http://www.lawyersclubindia.com/experts/Departmental-Inquiry-551086.asp#.VcYfl7V-jMo


http://www.lawyersclubindia.com/experts/filing-of-case-551341.asp#.VcYf4LV-jMo


http://www.lawyersclubindia.com/experts/Inquiry-552696.asp#.VcYgLLV-jMo


and that you have been terminated and matter resolved by labor Officer……………………and it is posted 3 hours ago.



>>>
http://www.lawyersclubindia.com/experts/Terms-and-Condition--552701.asp#.VcYgXLV-jMo

मुफ्त के चंदन घिस मेरे नंदन
लम्बा तिलक लगा बाबा
पैसा कोई मांगे तो आगे आगे जा बाबा


Kumar Doab (Expert) 09 August 2015
You may refer to the following thread initiated by you and posts in it:


http://www.lawyersclubindia.com/experts/details.asp?mod_id=552701


It is reiterated that you should reply to all points, pointwise and you may have a remedy.


The employer may not have a right to transfer even if it has extracted an undertaking from employees and even courts may not concur with right to transfer.



If you have already shown all documents on record to an able Labor law Consultant/Service Matters Lawyer/Law Firm and have given inputs in person and have answered the pointed and specific questions of your counsel and after that if your counsel has opined that employer can not transfer the employee then your counsel may be right.



If you want us to help you and give proper opinion then you must answer all points raised in this thread.


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