ABHIJIT ROY (ACCOUNTANT) 13 November 2014

Forcible resignation by the employer

Dear Sirs,

Please guide us at the crucial moment of Service Life. Details are as follows:

1. We, the 08 staff of Kolkata Branch of BOXCO Logistics India Pvt. Ltd (J.M.Baxi Group, head office at Mumbai) received copy of typed Resignation letter dtd November 01,2014 and the H.R Department issued us Relieving letter dtd Nov. 1,2014 which is effect from November 28,2014. We have till now not signed the letter but they have issued our Resignation Acceptance letter.So Honorable members will understand that it is the case of Forcible Resignation.

2.Upon receiving of above, we prayed through e-mail to 03 Directors Mr. K.B Kodak, Mr. D.K. Kodak and Mr. B.K.Kodak to give us a chance to continue our 02 years of service more or compensate 1.5 years (18 months) C.T.C to maintain our family and to find a new job in the trade as now total Shipping Industry in Kolkata is aware of the forcible resignation of the employees by our management and created unhealthy situation.

3.H.R Mr E. Arumugam visited Kolkata office and met with us on 12.11.2014. But he denied our proposal and threatened to terminate from service if we are not ready to sign the letter.Finally, he asked to sign the letter and assured verbally to compensate 01 month salary as per terms of Appointment letter which was not acceptable to us and we did not sign it but getting threat all the time.

4.Service life of the employees remain are as follows:

01 employee ( Sr. Executive) remains 01 year 04 months only,01 employee (Sr. executive) 02 years 10 months,01 employee (Executive) 04 years, 01 employee (Executive) 06 years, 01 employee (Dy. Manager) 14 years, 01 employee (Sr. Executive) 13 years, 01 employee (Executive) 26 years, 01 Employee (Jr. Executive) 29 years.

5. Company is saying that they are loosing,but it is not true as per balance sheet. We have also got 6% increment w.e.f 01st April'2014. 02 employees have got better increment out of 01 has got promotion 03 months before. We have got lump sum Performance Linked Incentive Pay(PLIP) which is calculated on Net profit.

Kindly guide us what legal steps we can taken,can we go to Labour Court or where we can go for a stay order. Is there any bar for designation of the employee to go to Labour Court.

We are awaiting for your advice.

Thanks and regards,

08 Employees of BOXCO Logistics India Pvt. Ltd ( J.M Baxi Group)

Reply Follow

6 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 13 November 2014

Immediately take shelter with the Assistant or the Dy. Commissioner of labour of your zone, lodge a complaint against the present employer and let them be briefed about the harassment and threatening given to you, there after file a case in the labour court. you will get complete justice and you will get all of the back wages along with all of the statutory payments which are due from the employer till date of verdict given by the labour court, nothing to worry, we are after all living in a civilized society not in a forest, we are completely safe under the law of natural justice and with law of the land.

Kumar Doab (FIN) 13 November 2014

The typed resignation supplied to you is from backdated.Unsigned resignation can not be accepted.

Forced resignation is offence and criminal complaint can be lodged.

DesignatIon alone doesn't decide person shall be covered as 'Workman' as in ID Act, 'Employee' as in Shops and Commercial Establishment Act or not.

Trade Unions can represent you.Trade unions have traditionally been strong in Kolkota/West Bengal.

Employees should preferably proceed under expert guidance of Labor Law Consultant/Service Matters lawyer and approach:

Trade Unions and become member to approach Labor court/officials.........the appropriate govt. shall be most probably Central

Olo Labor Commissioner(state/central as the case may be)

InSpector appointed under West Bengal Shops and Commercial Establishment Act

Police: and lodge complaint against personnel that demanded resignation,accepted unsigned resignation,issued threats, good offices of superiors that did not act on representations...

Media....

If the company is intending to close the office then it should offer alternate employment.... lay off/retrenchment compcompensation..

Did you record the threats(audio/visual)? Of yes retain the card and it shall be a good evidence.

Anil Upadhyay (Lawyer) 13 November 2014

Better to file criminal complaint for harassment and mentally torture by the employer. Also approach commissioner for unlawful & Forceful retrenchment. Use law, as our constitution gives us right to live with dignity...

H. S. Thukral (Lawyer) 13 November 2014

Best course in the circumstances would be file a civil suit for declaration that you have not resigned and continue to be employment. The pendency of suit shall deter the management from taking any action nd even if any action is taken it shall be easy to brand it as malafide. If you don't take the above step the management may terminate your services as per your service conditions and any you might be rendered without remedy.