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Anupam Sharma (Server Engg.)     12 July 2017

Is it possible

Respected members, Your valued advice is invited under following scenario mentioned in brief:- My case is pending since Nov. 2013 before labour court. After preliminary arguments following issues were framed:- 1. Whether the claimant is not covered within the definition of workman u/s 2(s) of the I.D. Act? OPM. 2. Whether the claimant voluntarily resigned from the job on 19.02.2013 which was accepted on 20.03.2013?OPM. 3. As per terms of reference (Reference: Whether the services of Sh. ****** s/o Sh. ****** have been terminated illegally and/or unjustifiably by the management and if so, to what sum of money as monetary relief along with other consiquential benefits in terms of existing laws/Govt. notifications and to what other relief is he entitled and what directions are necessary in this respect? 4. Relief. FEW FACTS OF CASE:- I had tendered my resignation with one calander month notice period on 19.02.2013 under certain compelling circumstances (I had become a victim of a situation brought about by my immediate boss. Details have been mentioned in my evidence/affidavit). The said resignation was neither accepted nor rejected. However I was not permitted to serve my notice period. Even Full and Final has not been done. My earned wages were also not paid. Infact an FNF statement was sent to me wherein my earned wages and leave encashment amount was misappropriated on pretext of not serving notice period and a further sum of Rs. 849/- was claimed from me. I had refused to accept that FNF statement since it was not in line with the terms of appointment letter and thus amounted to an independent counter offer which was based on manuplated dates & days and thereafter withdrew my resignation as it had become evident that management will not provide reliveing letter. Now the position is that the management had taken stand that it had communicated acceptance of resignation by email and had deposited the dues through ECS in my account but has failed to produce the email and bank statement which were ordered to be produced by court on 18.04.2015 till this day. However I had obtained my account statement and submitted it in court which shows that nothing was credited to my account. THE QUESTION:- Since management is lingering the case I intend to request the court to bypass other formalities (my examination in chief and evidence & cross etc. of management) and allow me to submit my final arguments so that suitable order can be delivered ASAP. Is it possible to do so? If 'yes' please advice how to proceed. I am representing the case myself. PLEASE REMEMBER that there is no communication regarding acceptance of resignation and resignation had been withdrawn. Accounts have not been settled and the court had on 11.12.2015 noted that adverse inference shall have to be drawn against the management having regard to the fact of non production of documents. Moreover nothing has been submitted by the management to establish that I am not covered u/s 2(s) of I.D. Act. With regads & thanks in advance.


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 1 Replies

Kumar Doab (FIN)     12 July 2017

Interesting matter.

Without bothering for anything else since Presiding Officer  seems to be inclined to adverse inference, let it draw such opinion.........

 


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