Hello All Experts,
Happy summer vacations
My this post is not new it was already posted but at that time contract was not breached.As on today same is breached and i am going to lodge the case against my employer.
The case history in brief is
1--- firstly i was Transferred with change in designation to lower post that too during the pendecy of legal proceedings as punitive action, malafide transfer order case pending before the labour court since Jan2015.
2-- Workman refuses to join at transferred place and employer hold the salary since jan2015
3--- Recently in March 2015 employer called the employee to come to head office for discussions and there employee was asked to have a lump sum amount of Rs 5.00 lacs plus other terminal benefits like PF, Leave Encashment conditioned to tendering resignation and case closure before the labour court or will terminate you .Employee being without wages for the last two years and fear of termination comes under pressure and fear.
4---Employee/Workman and employer did a written agreement signed by employer HR and workman stating all financial payable .
5--Workman submitted resignation stating the condition in the resignation that i am resigning based on this agreement cndition to settlement of all my legal dues .
6-- In the agreement between workman and employer it was stated that all dues will be paid after resignation and legal case closure report.
7--Where as workman has given resignation stating condition to settlement of legal dues , employer before settling the dues accepted the same immediately.
8--Employer afterward didnot wait for legal case closure report and credited the amount into my account without any information to me and same amount is being violated as per agreement.
9--- Now on asking the employer to clarify the same or provide the details no response is from the employer despite 3-4 reminders
10--Present situation is Legal case before labour court of malice transfer is not closed , Resignation given to employer same day of ageement with stated condition of settling all legal dues, employer has immediately accepted, amount credited into my account is violative of agreement and labour laws too like leave encasment paid to me is of 90 days only where laws says 180 days and same 200 days PL i do have balance in my service period.
11--- Employer is silent and not responding to my representations
12-- I realise toady employer has played with my job by taking resignation and now not paying as agreed in the agreement, employer has incentivised be the money ( knowing i am in need and encashed the opportunity) and taken the resignation to get rid of me.
12--- So my query and help required with expert advise ----------- should i lodge this complaint with Labour commissioner as Breach of Contract Or Constructive Dismissal/Deemed termination
A------what should be my relief plee----
B----- Declaring my resignation as deemed termination or asking the court to get my dues as agreed get paid by the employer.But i wish to Declare my resignation as deemed termination rather than getting pending dues.
Regards
