Dear sir.

plz finf attched file of compnay WRITTEN ARGUMENTS  in10 th pags

Sir,

   I am sending you scan copy of, Ex party company return orgument which is submitted to labour
court on 24th april,12. Ex party lawyer had an orgument with my lawyer yesterday regarding few points,
which I am sending you to clarify me weather I am in soup or the ex party lawyer orgument is waste. My
lawyer is so confident saying that those points are useless, but I am not able to understand the facts in
the orgument. So I am writing this to get clarifyed about the points as follows:

1. He says my degisnation is Sr. Relationship Manager, which I am not eligible to go to labour
court becouse I am a manager leavel degisnated employee.
2. He says company has right to terminate you as I am in manager post. And that too I have not
returned the incentive amout back. He says company need not follow any legal procedures in
terminating me.
3. He Is asking about the srinivas raju sattlement. And why I have not mentioned in labour court.
4. He says I cannot file in labour court.

Sir I request you to go throw the details and let me know where I stand in the case. I would like to
let you know that my orgument about the abow points is:

1. In office all designations are same relationship manager including seniors and one branch head
know as Sr.vice president who sits in same office. I even proved this degisnation system infront
of labour commisioner in the early orguments.
2. On 23rd march,11 incentive amount 135000/- has been credited to my account mentioning
incentive – indiabulls, which I am elizible after deducting TDS. And also TDS certificate has
been issued to me by the company. Know the ex party lawyer says company amout has not
been returned so they have right to terminate me. But my orgument says, it is not company
amout , It is my incentive amount, which was paid to me after deducting TDS. And the same is
accepted by the accounts department in head office. I would like to bring to your notice that,
my senoir officer MR. Himanshu Kamdar(EVP) sitting in Kolkata, mailed me on 4 th april,11 TO
RETURN BACK THE INCENTIVE AMOUT, SAYING I AM NOT ELIZIBLE. AND ALSO TOLD ME I WILL
BE TERMINATED IF I WONT ACCEPT AND RETUN BACK THE AMOUNT.

3. Coming to srinivas raju sattlement, my orgument is, it is not related to this case, becouse the
sattlement is done as a personal fianancial transaction between us. It is purely a personal
fianancial issue, which is happened after my termination. So how can it be a related issue to my
case.

4. This vizag branch is register in ap shops and labour act. That is the reson I filed in labour court,
as I am elizible under section 48.

Hope you are clear and any doubts pls let me know sir.

Regards

Muralimohan.

vizag

Dear sire..

Date. On 23rd march,11 incentive amount 135000/- has been credited to my account mentioning
incentive – indiabulls,(Clearly show in my bank account statement)   which I am elizible after deducting TDS. And also TDS certificate has been issued to me by the company. Know the ex party lawyer says company amout has not been returned so they have right to terminate me.

But my orgument says, it is not company amout , It is my incentive amount, which was paid to me after deducting TDS. And the same is accepted by the accounts department in head office. I would like to bring to your notice that,
 

my senoir officer MR. Himanshu Kamdar(EVP) sitting in Kolkata, mailed me on 4 th april,11 TO
RETURN BACK THE INCENTIVE AMOUT, SAYING I AM NOT ELIZIBLE. AND ALSO TOLD ME I WILL
BE TERMINATED IF I WONT ACCEPT AND RETUN BACK THE AMOUNT.

 plz  give me justice of law..

You have posted that :

--"And the same is accepted by the accounts department in head office."

You may produce this acceptance to the labor court.

-"And also TDS certificate has been issued to me by the company."

You may produce this certificate to the labor court.

If you have incentive circular or even past calculation of incentive which is not disputed by the company, and your performance record, you may prepare an incentive calculation sheet and produce it to the labor court, and establish that you were eligible and right amount of incentive was disbursed to you.

DEAR SIR

 my labur court case complteed in apr24 th. labour commsinor is case reserved for judgmnet . still there is no judgmnet.

i go to so many times in labour court meet a commisonar. he say judgment reddy time is 1 month  any above.

Today  i go to labour court .. commionar  saying is  very hardly very cruly.

 i understand compnay is buying a commisonar. to day he asking another point rasied.

 WRONG PAYMENT ( Compnay credted in my bank account with wrong payment)  so compnay asking retern back to amount. we are not return this ammount so compnay any time terminate me. this is supermcourt dession.

sir plz claryfy me this issue.

Your  must have  provided incentive circular or even past calculation of incentive which is not disputed by the company, and your performance record,  incentive calculation sheet as per your clculation to your lawyer/court  and it should establish that you were eligible and right amount of incentive was disbursed to you.

If the copy of the order is received you may discuss it with your lawyer.

Dear sir

  westreday i receve a order copy of  Apse act 1988..given by labour commissioner..

In the result, " the termination orders issued by the o.ps are set aside.And the o.ps are herewith directd to reinstate the Applicant with immediate effect with continuity of service,within 30 days from the date of receipt of this order. with regard to back wages the applicant is not entitled to any back wagesas the applicant neithermentiones in his appeal not produced any evidence in the proceedings that he is not gainfullyemployes anywhere after his termination by the o.ps . No order as to costs,."

sir  plz give me suggistion of regarding  the  backwages. i dont understand me . My lawyer told me that commisoner may be bribed by the compnay . thats way he gave this type of oreder ..giveme complant agianest govermnrt immedtly.

 regrds

muralimohan

Kindly show the judgement to an experienced and competent labor consultant/service lawyer and proceed.

You may attach the copy of judgement.

It is mentioned in the attachment" written arguements" 763408314_acl_k.murali_mohan.doc

For these reasons the appellant prays that the Honourable Authority may be pleased to pass an order in his favour and against the respondents:

                a) To set aside the termination order

b) For reinstatement with back wages and continuity of service.

You may discuss the judgement with a competent and experienced service lawyer/Labor Consultant and proceed.

You have paryed for reinstatement with back wages and continuity of service.

You have been reinstated.

Now you may approach a seasoned,competent and experienced service lawyer/Labor Consultant to proceed further.Your lawyer shall arrange to submit the relevant citations,judhements,arguements.

You must follow up with your lawyer and provide inputs.

You may find reading the following and attachments useful.

---------------BACK WAGES by RPS Teji

“If the workman wants to claim back wages, it is for him

          to   assert   that   he   has   remained   unemployed   after   his

          termination     therefore    initial  burden   is  upon   him.   The

          moment he makes an assertion to this effect, burden of

          proof    would    shift  to  the   management        as   workman

          cannot give any proof in the negative in support of his

          assertion.   However,   if   no   such   averment   is   made   that

          the workman remained unemployed after his dismissal,

          it cannot be said still the management has to prove that

          he was gainfully employed.”

“ We have no hesitation to say that the workmen cannot

          be    heard    to  argue    that   irrespective    of  any   plea   of

          unemployment   during   such   interregnum   period   having

          been raised the workmen is entitled to back wages as a

          matter of course.”

“Circumstances under which the back wages can be granted

        The   question   of   entitlement   of   backwages   would   depend   on   the

facts and circumstances of each case. The Court cannot be oblivious to

the fact that an employee whose services were terminated wrongly, has

not only to fight for his survival by getting such odd jobs as he can, but

has also to fight a battle for getting himself reinstated in service. Also, no

Court can be oblivious to the grim reality of unemployment pervading in

all   stratus   of   the   society.   Therefore,   in   such   a   situation,   it   would   be

unjust   to   insist   upon   a   technical   requirement   of   pleading   and   proof   of

absence       of  gainful   employment        by   an   employee      who    is  wrongfully

dismissed.”

“Further   in

the case of  M.P. State Electricity Board Vs. Jerina Bee (2003)  LLR

848 SC, it was held that when termination of workman is set-aside the

award of back wages is not a natural consequence.”

“Conclusion: Though many a jurist may suggest that there should be a

clear spelling out of the law by the Legislature on the aspect of grant of

back wages by Industrial Adjudicative fora, the author is of the humble

opinion that the judicial pronouncements by the Hon'ble Supreme Court

and various High Court have been taking care of the circumstances to

prevent   any   injustice   to   any   of   the   parties   as   could   be   seen   from   the

latest judgment of Hon'ble Supreme Court where granting of 50% of the

back     wages     have    been    reduced     to  25   %   in  the   case   of   Executive

Engineer,   Public   Health   Division   Vs   Kamlesh   reported   as   2008-II-LLJ-

826(SC)”

---------------------file:///F:/my%20docs%20back%20up/HR/Back%20Wages/search.php.htm

          Service - Back wages - Burden of proof - Earlier burden of proof that workman was gainfully employed during the period of termination was on the employer - But now there is a change in the approach of the Court - Now law is that burden of proof that he remained unemployed is on workman - Several factors.........

          Service - Back wages - Burden of proof - Workman was not gainfully employed after his termination of service - Held, burden of proof is on the workman - Such burden, however, is a negative one - If it is discharged by the workman, the onus of proof shifts to the employer to show that the concerned employee........

--------------The_Honourable_Mr.Justice_..._vs_The_Assistant_Commissioner_Of_..._on_8_June,_2010

19. As held by the Supreme Court that only in the case of such a pleading the question of burden of proof will

be shifted to the employee to disprove that he was not employed anywhere. For a stray sentence in the cross

examination which in Tamil was susceptible for different meaning viz., employed in the post without

responsibility or employed in honorary capacity as the case may be, no advantage can be taken by the

petitioner Management. The issue relating to gainful employment has to be

Dear sir

 I am attached the judgmentcopy file..