>>> The first thing you should do is consult elders in the family and along with elders approach a competent and experienced labor consultant/service lawyer at your location and let any communication now be structured by your lawyer.
The Standing Orders are applicable to the Life Insurance Companies and you should demand certified copy of the standing orders applicable to the company (Certified/Model), HR policy, Compliance policy, FNF policy, Conduct and discipline rules of the company, standing orders (if you can enter office and your log in id is not blocked you can download from HR portal for the employees), and also all docs and records, files etc that would be relevant in your case....................................Later company shall not allow access to any record/doc.
The certifying officer (CO) in o/o Labor Commissioner at the location of redg. office of the company can confirm if the standing orders of the company are certified or not and can also provide certified copy against a set fee say Rs.3/page.
Apply your resources and try to find the investigation is pertaining to while matter and get copies.
Be Smart and Tactful.
The belief in such companies is that the person should not remain in town/industry/competition.
The company may terminate and/or provide negative feedback about you to next employers.
You should have next employer in confidence so that you get copy of BGV/Reference check in writing if required and next employer should stand by you and keep you in employment.
>>> The Trade Union of private Life Insurance companies Employees have been formed in many states and it is said that they have resolved many cases successfully.
It shall be better for you to become member of some Trade Union as ap.
>>> You have posted that:
---“I wanted to leave the organization due to bad behaviour of my reporting manager.”
Did you ever report it in writing to any one including Grievance Redressal Cell (which almost all such companies have) or to good offices of appointing authority, MD...................or in notice of resignation?
Do you have any witness and shall anyone be your witness?
Have you ever recorded such incidences (AV) that can be produced as evidence?
---“I resigned on 13th Jan.'14. My reporting manager called up on 13th Jan. and asked me not to resign. When i did not listen,”
Have you recorded this call?
You may go thru another thread at;
https://www.lawyersclubindia.com/experts/Resignation-not-accepted--446951.asp#.Ut1QqNK6aXZ
and
Mettur Spinning Mills, Mettur Dam vs Dy. Commissioner Of Labour,
https://indiankanoon.org/doc/756681/?type=print
Standing Orders appears to be the only provision by virtue of which an employee under the petitioner of his own accord can go out of employment and give up his office. Hence the process of going out of office can be equated to.................................... resignation.
In Gisdrosiva case the Supreme court dealt with a rule which in tenor is similar to clause 13(iv) of the present Standing Ordered and the Supreme Court pointed out that the servant by giving notice in accordance with the rule, has unequivocally informed the Government that he has terminated the services with the Government and that put an end to the services and therefore, it was not open to the Government to take any disciplinary proceedings against him thereafter.
Your lawyer can opine whether this is applicable in your case and other citations if the need be.
----“When i did not listen, and sent mail to them, they did not reply for 3 days. I got an email on 16th Jan'14 from HR " your resignation can not be accepted because you are under investigation". I sent revert mail to them asking them about the reason of investigation. She sent mail saying "will tell you the reason in due course of time, till further investigation report to the office".’
The company has otherwise informed you on impending investigation. You shall not be relieved with clean relieving letter.
You have worked with a MNC Life Insurance Company and you are aware what kind of selling/misselling/forced selling is in practice, how the docs are manufactured and probably someone or your manager has highlighted some issue regarding you that may be a ‘Compliance issue’.........
Probably you might be aware that in case of compliance issue the company can terminate and record the adverse findings in your personnel file and can even proceed to file complaints against you which may be highly detrimental..
If you are at 1st line (Unit Manager/Sales Manager etc) then you may be covered like Development Officer of LIC, as ‘Workman’......................
And also as
‘Employee’ as in ‘Delhi Shops and Commercial Establishments Act ‘ which is so employee friendly.
-----“I have offer letter from another company. New company wants my joining immediately otherwise they can hire another candidate.”
The next employer should be taken into confidence by you or they may under influence of some information, BGV, complaint may not stand by you and you may be out of employment.
----“ HR is trying to retain me through this kind of activity.’
An allegation has been made, investigation is said to be on and now you are no better for them.
If you stay you can participate and may come out clean in investigation.
The company has to follow standing orders to it on such matters also.
---You may find many other threads as relevant e.g;
https://www.lawyersclubindia.com/experts/Resignation--446881.asp#.UtrCUNK6aXY
https://www.lawyersclubindia.com/experts/Left-job-without-serving-notice-period-any-legal-action--447186.asp#.Utq6_tK6aXY
https://www.lawyersclubindia.com/experts/Harassment-by-employer-447551.asp#.UtrBBdK6aXY
https://www.lawyersclubindia.com/forum/Need-to-understand-the-notice-period-law-95837.asp#.UtrBXtK6aXY
https://www.lawyersclubindia.com/experts/not-serving-notice-period--447391.asp#.UtrBg9K6aXY
https://www.lawyersclubindia.com/experts/Service-law-447901.asp#.Ut1QY9K6aXY
Let the opinion of your lawyer’s that has seen all of your docs and has analyzed your inputs and merits be final and you may after understanding the merits and remedies proceed under expert opinion of your lawyer.
