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bharath (consultant)     20 March 2015

420 and 120 b doest this attract pls confirm

HI Experts, I have resigned and my resignation was accepted, relieved from the company and obtained reliving and experience letters from the Organization specifically mentioning in the service /Experience letter as below ‘’During the tenure of his employment, his interpersonal and communication skills have allowed him to develop productive working relationships with both our customers and colleagues. He has shown remarkable dedication, enthusiasm and a positive attitude towards his job responsibilities. I wish him the best of luck and recommend him for employment without reservation’’ I joined another company and as a part of joining formalities and as per the policy of the company, background verification of the each employee in the company are done and in the process, a reputed agency had given authority to verify the details of my previous employer. After due verification and referral check the agency has submitted the report with the following major discrepancy. Details of discrepancy Reason of leaving: Involuntary Termination As per the terms and conditions and policies specified in the offer of appointment letter of. I was compelled to terminate my employment. Now at this juncture when the company has falsely represented that I have been involuntary terminated inspite of issuing a positive relieving and Experience letter.Due to which I was compelled to terminate from present employer aggrieved by that I preferred a court referred case against my previous employer and the management for the offence punishable U/S 420 and 120 (B) IPC. The Company issued experience/service letter to the me that I am recommended for employment without any reservation and later dishonestly contradicted their own statements/reports where the Accused are bound to protect their declaration expressed in the form of a written document and which is a valuable property to the Complainant instead violated. The Legal contract has been damaged by the Accused and is very clear from their actions which clearly reflect their ill intentions and criminal designs to cheat the Complainant and as such have committed the offence of Cheating. The IO states that how come this attract U/S 420 and 120 B and asking me the provision of law Does this attract 420 or not Please confirm and suggest me the possible ways to proceed in the case further Thanks in Advance Bharath


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 5 Replies

ark200   20 March 2015

first of all, are you fired or are you quitting? i assumed that you quitted. but then why your previous employer will say such contradictory thing about you? or is it they? or the reputed company who has done the check has done it with a purpose?

 

is it the case that your current employer won't want to hire you. so he framed everything else to provide for an excuse of not hiring?

 

things are not clear.

Sudhir Kumar, Advocate (Advocate)     21 March 2015

You still have some facts to reveal.  Come clear.

bharath (consultant)     22 March 2015

Hi sir, I am confused I have nothing to reveal The brief facts are I was working for a IT company and have resigned and my resignation was accepted, relieved from the company and obtained reliving and experience letters from the Organization specifically mentioning in the service /Experience letter as below ‘’During the tenure of his employment, his interpersonal and communication skills have allowed him to develop productive working relationships with both our customers and colleagues. He has shown remarkable dedication, enthusiasm and a positive attitude towards his job responsibilities. I wish him the best of luck and recommend him for employment without reservation’’ Later I joined another IT company and as a part of joining formalities and as per the policy of the company, background verification of the each employee in the company are done and in the process, a reputed agency had given authority to verify the details of my previous employer. After due verification and referral check the agency has submitted the report with the following major discrepancy. Details of discrepancy Reason of leaving: Involuntary Termination As per the terms and conditions and policies specified in the offer of appointment letter of. I was compelled to terminate my employment by my present employer. Now at this juncture when the previous company has falsely represented that I have been involuntary terminated inspite of issuing a positive relieving and Experience letter. Due to which I was compelled to terminate from present employer aggrieved by that I preferred a court referred case against my previous employer and the management for the offence punishable U/S 420 and 120 (B) IPC. The Company issued experience/service letter to the me that I am recommended for employment without any reservation and later dishonestly contradicted their own statements where the Accused are bound to protect their declaration expressed in the form of a written document and which is a valuable property to the me instead violated. The Legal contract has been damaged by the Accused and is very clear from their actions which clearly reflect their ill intentions and criminal designs to cheat the Complainant and as such have committed the offence of Cheating. The IO states that how come this attract U/S 420 and 120 B and asking me the provision of law Does this attract 420 or not Please confirm and suggest me the possible ways to proceed in the case further. Thanks in Advance Bharath

Sudhir Kumar, Advocate (Advocate)     22 March 2015

One version

 

 ’During the tenure of his employment, his interpersonal and communication skills have allowed him to develop productive working relationships with both our customers and colleagues. He has shown remarkable dedication, enthusiasm and a positive attitude towards his job responsibilities. I wish him the best of luck and recommend him for employment without reservation’’

 

Another version

 

Involuntary Termination As per the terms and conditions and policies specified in the offer of appointment letter of. I was compelled to terminate my employment by my present employer.

 

 

Why there is no much difference is approach.

 

There are some vital facts in between and you are not revealing the same.  Without correct facts correct advise cannot be expected.

bharath (consultant)     23 March 2015

HI sir, please navigate to labour tab and see the post can I send legal notice to my employer for the issues raised to get elaborated information on the issue posted thanks, Bharath

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