Seeking your good advice regarding my query published on yesterday at 12.30 am.
BISWAJIT SENGUPTA
(Querist) 07 July 2015
This query is : Resolved
Refer to my below mentioned query which published on yesterday at 12.30 am in this site: Sir I want to know whether my demand is legitimate or not. Some respectable lawyers comment on my issue that "why you want to be in the sinking ship" and another comment is "Try another job, the company may or may not survive".
Sir I know very well about myself. I just want to know all of you that if I claim all dues alongwith my salary till my resignation or gratuity though the company has been closed under suspension of work since Nov 2005. Sir please go through my below mention query and for your kind information the company may not survive any more.
Respected Sirs,
I am an employee of a sick industry which declared by BIFR under revival scheme provided by the sick company and ultimately sanctioned by the BIFR. Sir my designation is Executive Officer. I have given so many letters to the company for rejoining my duty. I have been asked indirectly from the management to give resignation from my service. But I have decided to see the last. The company declared sick on 2011 or 2012. Though I have a copy of such order where the BIFR declared the company sick. The company is under suspension of work since 2005 November. BIFR asked the company to resume their operation. The company desire to run the company with a limited manpower. I have written them to take me and to allow me to resume my duty. But they do not bother to give any reply of my letter. But till date I have not been terminated from the company. Still at least 20 or more employees are there who have not given any resignation. I have no any idea about them. As per the BIFR order it has been mentioned there.
Sir I want to know if I want to reinstate in my job or settle my account whether my demand will be legitimate in the eyes of law.
Sir please guide me in this regard as I am running through very poor financial condition. I have no such enough money to fight against the company.
Sir please guide and help me. I will be very grateful to you for such help.
I also appeal to the honourable judge of the Supreme Court or High Court to advice me.
Waiting for your early reply.
Biswajit Sengupta
Jayashree Hariharan
(Expert) 08 July 2015
Sir,
since the company has resumed its work, you can ask for the settlement amount.
Biswanath Roy
(Expert) 08 July 2015
You may visit the Labour Commissioner of your State and proceed according to his advice.
Dr J C Vashista
(Expert) 09 July 2015
Your query involves some tricky/technical issues, therefore it would be better to consult a local lawyer practicing in service matters.Show him the report/directions of BIFR qua resumption of work and reasons for reluctance of management to allow the employees to resume their duty, which may or may not have attracted termination or retrenchment.
