Query
Yashodhara Rao
(Querist) 29 September 2014
This query is : Resolved
A person has been working in a pvt ltd. company for more than 2 years and has resigned due to some personal reasons, serving proper notice period of a month as per the company policy.
He has given his resignation via company's mail id and cc'ed to another company which he wants to join next.
The company from which he is resigning doesnt wants him to leave and also doesnt replies to his resignation mail even after he sends a reminder mail for the same.
But yes he had verbal conversation with the HR to resign.
Now after resigning the company has blocked his remaining salary and threatening to him in different ways
1. You will not be able to work in any company in Lucknow
2. Theft
3. You have been terminated(but he has not received any mail of termination)
4. You will go through criminal proceedings and will be in jail.
Now my question is how the person can defend himself from the company and get his salary back?
Is he able to sue the company for the same ?
If yes which section he can use?
Are sections of mental harassment and threat applicable ? Which section of mental harassment is applicable?
Regards
dr g balakrishnan
(Expert) 30 September 2014
Yashodaraji,
May be the case u talk now may be yours.
But there are a lot of gaps.
when u joined a company, did u not meet physically the HR people there?
when you wanted to leave don't u think that u need to meet them, as without clearance certificate how do u think your resignation would be accepted.
Clearance certificate means clearing you of all obligations to your company.
without that your resignation can never be resignation in real terms.
so you made yourself unnecessarily liable for many things.
always job is a job and job is no pass time fashion show.
you may not get whatever dues u r entitled as your entitlement is tied to your clearance certificate which please note.
even ordinary helper in an office knows these preliminaries but?
Yashodhara Rao
(Querist) 01 October 2014
Hello Experts,
Is there anyone who can reply me logically ?
T. Kalaiselvan, Advocate
(Expert) 05 October 2014
Did you receive the so called threats in black and white?, if so you can issue a legal ice to the person who has threatened you or lodge a complaint with the police about this. Now you have to write to your company demanding to pay your salary in writing by registered post, you may consider initiating legal action against the company if they fail to respond to it.
Yashodhara Rao
(Querist) 06 October 2014
Thank you sir for the comments, but my question is under which sections of IPC the person can sue company ?
Is 503 of IPC applicable ?
Which other sections the person can apply?
