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Viki (Nothing)     23 November 2014

Need law advice

Hello Sir (s),

I was in employment and one fine day I have to be hospitalized after returning from office. Doctors identified an infection in the nerves in brain and after a month's treatment I had to undergo a surgery.  Doctors advised me not to work for few months and they advised I can work for less hours from home if required.  So I informed this to my employer and worked from home for a month after which they demanded me to work from office.  So I sent them an email asking for 3 months leave or to relieve from my duties based on managements decision.  I was called up for a meeting where the management said they cannot provide 3 months leave and asked for knowledge transfer.  I informed my inability to travel and told them I can give knowledge transfer over phone. I did the same and confirmed it to the employer over email for which I never received any objection.  The trainee also did acknowledge that the knowledge transfer was completed.  I, also sent a resignation notice since the management didn't accept my leave request.

Even after 2 and half months, I never received any acknowledgement for my resignation notice nor I am relieved from my work.  So I sent an email to my employer stating that I am withdrawing my resignation and would like to join back. For which they replied that my status of my employment at their end was marked "Left service abruptly"

I am not sure if this is right because they never responded to my leave request, Resignation email or knowledge transfer completion email and now they claim I left the service abruptly.  I was thinking that I was in leave and under medical rehab all these days. 

They have blocked my access to the email from which I was communicating to them.

Please advice how can I claim my job back.

Please let me know if any more clarification is needed, I will happy to provide the same.

Thank you.



Learning

 9 Replies

Kumar Doab (FIN)     23 November 2014

Don't you have copies of COMMUNICATIONS that you sent and received? You should have kept copies.

Viki (Nothing)     23 November 2014

Hello sir,

 

Since it was through email,  I don't have any paper copies.  But I do have the emails downloaded in my smart phone.

Please advice further.

Advocate Ravinder (Advocate/Attorney)     23 November 2014

What if you have not downloaded on smart phone, it will be stored in the email service provider (gmail.com, yahoo.com etc).  Better check up once again.  If you find them, you can file a complaint before the labour commissioner.  You will get good relief. 

1 Like

Kumar Doab (FIN)     23 November 2014

If you're using smartphone and have copies in smartphone then you would be aware that the emails can be forwarded and printed too. If the smartphone is lost the data shall also be lost. Therefore put the print outs in a file and show it your Labor Law Consultant.....and give inputs in person and proceed under expert advice of your lawyer. KT asked by employer is precursor to separation by termination.... Blocking access to attendance portal, official emails can be termed separation... Asking for resignation can be termed offence and deemed termination... Resignation can be withdrawn before acceptance.....and your lawyer can quote Supreme Court of India judgements.. From emails in your custody you are sure that you can establish that you haven't left the employment abruptly....and employer has inserted false enteries.... Falsification of record is offence.... Shops and Commercial Establishment Act usually has a section on it.... Your lawyer may opine that you can approach Inspector under Shops and Commercial Establishment Act,O/o Labor Commissioner...civil court Employees Union's/Trade Unions can represent you.. Meet your lawyer,understand the merits and proceed further as deemed fit at your end..
1 Like

Viki (Nothing)     23 November 2014

Thank you for the advises Sirs...

 

@ Kumar Sir,  I couldn't forward it because the employer have changed the password and the emails will not go out due to authentication failure.  however,  I have the emails in my phone and am having it very safe.

Thank you all, again.

Kumar Doab (FIN)     23 November 2014

If possible print each email. Moreover the reference of each transaction can be made in written representations and employer can be asked to let the personnel file examined...and produce each document on record in court... Each document may become case document.... Concealment of evidence from court can be termed fraud with the court.... The lawyer that has examined the docs,inputs and merits can advise you the best...
1 Like

T. Kalaiselvan, Advocate (Advocate)     27 November 2014

As advised by Mr. Kumar Doab, it would be better you preserve the communications in a hard copy and with the help of a lawyer handling labor laws, take up the matter legally with the employer and look for relief and remedies accordingly.  Once you resort to legal recourse, the employer will come down to negotiable table upon which you can see some solace.

1 Like

Viki (Nothing)     27 November 2014

Thank you Mr. Kumar and Kalaiselvan.

 

I have copied the communication from my phone and have printed them out. I am meeting a lawyer to take this forward.

Thanks again.

T. Kalaiselvan, Advocate (Advocate)     27 November 2014

You are welcome for your appreciations.  You may follow the case scrupulously taking proper advise time and again from your lawyer and others.

1 Like

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