Regarding job termination and recovery

You should have made your appearance in the matter if summon was received by you. Please make sure to appear before the Court on next date of hearing. You also need to file a reply to the recovery suit.
Contact for further legal remedy: anupamdba2607@gmail.com

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

Post your response pointwise to all points that are relevant and pertaining.

 

You have posted that:

“as my company email and all acount closed so I could not contact through office email and they deleted my emails regarding leave reason etc”

If your official email was blocked then why have you written that your emails regarding reason for leave were deleted?

If you have sent emails for leave reason then company must have not deleted these.

This is unfair practice.

In case IT has indeed happened, then attorneys of employer amongst; HR personnel, Line Manager might have indeed connived to act in unprofessional, unethical, unfair, illegal manner………………with or without knowledge of employer.

The aim could be to erase evidences and insert in personal files that you have absented/abstained/absconded and allege misconduct and terminate…….

You could have acted in interim period of approx. 3 years.

Was any written/speaking order of termination supplied to you?

You may escalate in writing to the good offices of appointing authority, MD, CEO under proper acknowledgment and narrate the facts date wise and mention names, brief minutes and ask to withdraw the said notice and to confirm that as per facts internal records of the company have been corrected noting that you have not abstained/absconded/absented and confirm to you in writing.

 

If you need take help of IT/ITeS employees unions (there might be many)/Trade Unions ( many of employees unions might be embraced by trade unions) and submit a fitting reply and pursue to get the relief.

Thanks for reply.

No they didn't send any letter of terminaiion on my permament address,at that time they just said as you not informed in 7 days so there is automatic termination.No hard copy of termination received.only first time in nov.10,2017 I a received letter (on my permanent address,gwalior) from company lawyer that they have sent many reminder and this is last time they sending.I dont know where they sent letter ealier in Hydrabad/Bangalore addresses where I was living.

Yes before leaving (In may 2014) I have properly sent mail to manager the reason for leave and also mention  that I have no pending works in case any technical help required then can call me. Manager knows that.

Even during leave manager call me to know when coming back then i sent sms mentioning the reason of extending leave as company mail not working outside.

Actually I'm in delhi and company in Hydrabad/Bangalore, I was thinking to filed case against him when they were not repliying mails that time ,but due to my medical condition I came back I was so harrased and disturbed that I was feeling to leave IT field.But some how I started study again to search other job but stiil jobless.

That company is Techmahindra ,as you heard sometime back when a tape gone wiral HR asking resignation from employee, later MD aplogised for that.

This happened with one of my friend also who worked their 10 years suddenly HR called him and asked to put resignation or they remove him, then he went to labor union in bangalore then they withdraw theier words.

While joining they make me fool saying they will send me US,so I joined on less salary even leaving a good opportutnity in one other MNC, after sometime when I asked for US,they said that was just words. 

Why they asking for compensation as they have not given anything from company side like laptop or anyother thing, even when I went back after surgery ,my entry card (which was blocked) litterly snached by admin person,I was shocked by their behavior.

Can some tell me any lobor organization/uniion in delhi for iT/ITES where can I go and take help or I'll have to go Bangalore/Hydrabad only where I was deputed?

can I send reply of their leller by my own or I should take help of lawyer?

Lastly thats to all for valuable reply.

Regards,

 

Take help of a lawyer and sort out everything legally.

Refer to your last pot in which you have mentioned about some emails, phone calls, SMS etc…

Hope you have all the details and copies.

Contest the previous letters claimed as sent by company’s lawyer and clarify these were never supplied to you and also on the basis of emails, phone calls, SMS etc…mentioned by you…

You can reply to the legal notice by letter thru Redg. Post or by email

Take help of elders of the family, competent and experienced well wishers, a lawyer known to your family, you………..that specializes in Labor/service matters…

Like your colleague you could have also recorded all episodes of harassment, coercion, intimidation………

IT/ITeS employees/trade unions offices have offices at all locations and they can also help you draft the reply and/or send a reply and or appear/represent you before Labor Authorities/courts……….

Search yourself, take help of Google and you will find IT/ITeS employees/trade unions……….

You can also find list at Dept. of Labor website e.g;

Welcome to Department of Labour website ; Karnataka

https://labour.kar.nic.in/labour/trade-unions-list.htm

Karnataka State IT/ITES Employees Union (KITU) under the Trade Union Act, 1926, and Karnataka Trade Unions Regulations, 1958

https://economictimes.indiatimes.com/tech/ites/it-employees-get-nod-to-set-up-trade-union-in-karnataka/articleshow/61568071.cms

https://www.facebook.com/KITUHQ/

 

Forum for IT Employees (F.I.T.E)

https://fite.org.in/

 

If you were terminated in internal grounds then go thru applicable enactments.

The false and frivolous grounds are created by employer and IT’s attorney’s in Line Management/HR/Legal cells to circumvent payment of legal dues to employee and ill informed employees are taken for a ride.

 

 

THE ANDHRA PRADESH SHOPS & ESTABLISHMENTS ACT, 1988

47. Conditions for terminating the services of an employee, payment of service compensation for termination, retirement, resignation, disablement, etc., and payment of subsistence allowance for the period of suspension:- (1) No employer shall, without a reasonable cause, terminate the service of an employee who has been in his employment continuously for a period of not less than six months without giving such employee at least one month’s notice in writing or wages in lieu thereof and in respect of an employee who has been in his employment continuously for the period of not less than one year, a service compensation amounting to fifteen days average wages for each year of continuous employment: Provided that every termination shall be made by the employer in writing and a copy of such termination order shall be furnished to the Inspector having jurisdiction over the area within three days of such termination

(3) Every employee who has put in a continuous service of not less than one year shall be eligible for service compensation amounting to fifteen days average wages for each year of continuous employment,

https://labour.ap.gov.in/documents/AndhraPradeshShopsEstablishmentsAct1988.pdf

 

Resolve the matter once for all and don't kep anything pending for future...

The termination in iiternal records may bother you in future....

Post any more your queries that you may have!

Thanks for your valuable reply. 

This is termination terms mention in offer letter,could you please guide me on these clause:

Termination of Employment :

a) Either party can terminate this employment by serving a notice of two months on the other. The Company may at its absolute discretion make a payment representing salary (basic) in lieu of notice of termination.However, for cause like misconduct, gross negligence, misbehavior or non performance, Mahindra Satyam may terminate your services with immediate notice. The Company shall have the right to suspend you on full pay and benefits pending any investigation into potential dishonesty, gross misconduct, misappropriation, gross negligence, fraud or other circumstances (if proved) would entitle the Company to dismiss your services summarily.

b) Unauthorized absence or absence without permission from duty for a continuous period of 7 days,would make you loose your lien on employment. In such case your employment shall automatically come to an end without any notice of termination

c) You will be governed by the Company's laid down Code of Conduct and if there is any breach of the same or non-performance of contractual obligation or the terms and conditions laid down in this agreement, your service could be terminated without any notice notwithstanding any other terms and conditions stipulated herein. The Company further reserves the right to invoke other legal remedies as it deems fit to protect its legitimate interests.

Hello,

I contacted KITU  they told to help me and asked me to send my notice immidiately ,I send scanned copy by email. But now they are not picking my call and responding any of my mail. Is there posibility to misuse that ? what should I do?

Regards,