Anonymous
21 November 2010 at 18:52
Hi,
I the undersigned was working in financial services corporate company in india.I was there in organization till 31st August 2010 and was forced to resign. My reporting had alleged me through mail wherein i had denied and replied for all those allegations through mail.
I was alleged in incorrect way by my reporting , stating that i had given decisions on insurance proposals submitted by customer which were not as per guidelines. In the said situation the reporting himself was the responsible person who has not intimated all the employees in his department to refer those guidelines for decisions of insurance proposals. Thereby its not only me but all the other employees who had followed the same decisioning pattern of not refering the guidelines. He has tried to save himself at my cost. Moreover therewere certain other allegations which were baseless/biased and those were all fabricated and verifiable.
Attached are the replies from me to management for allegations those were framed against me.
I had apprised the same to senior management (CEO,COO,Country manager) of company continuosly by mail after i resigned stating how i am innocent, but i had not recieved any replies with regard to same from company.
In view of same i would like to know following :
1) Can i file a legal case against employer and on what grounds?
2) Moreover what maximum monetary compensation i can expect from employer in view of mental harassment ?
3) Where should i file the case?
4) Till when i can file the case in court (after my resignation what is the deadlock for filing the case) ?
5) What are chances of case being in my favor?
6) What is the timelimit does judiciary takes to give the decision?
Attached are the replies from me to management for allegations those were framed against me.
Looking forward for revert .
With Regards
Munawar
20 November 2010 at 23:03
Hi,
I have joined infinite solution on 3rd may.I have resigned on 31st aug 2010.I have served 12 days notice period which was 30 day .I submitted my resigantion I did not get confirmation for the mail.I just verbally with Team leader.He said it is accepted.After 11 times to door steps for Finally after 2 month They asking me to pay recoverable amount 15k for remaining days.But nothing was informed before resignation My company would brought notice period or i would request my joining company to extend Joining date.I am left with 28 Paid leave,Will it be adjust in notice period.or they could witheld my salary for final settlement.Please let me know how to go about.
Dr. Chandran Peechulli, Ph.D; FIE
20 November 2010 at 19:48
NO REPLY but NEGLECTED.
Speed Post with Ack Due
Mr.Dipinkar Haldar, 30-08-2006
Company Secretary – Shipping Corpn.of India Ltd;245, Madame Cama Road, MUMBAI-400 021.
Reference: Your letter A10-SEC-BD-5005/RTI-27 dated 13-08-2006.
Subject: Request for information under the RTI Act 2005.
Dear Sir,
You have not arranged to provide me information as per RTI Act 2005, with an open mind, but shirking your responsibility, by directing me to address the same to GM(FP), which I note with regret, while I note in the website that you are nominated as the Public Information Officer with 14 nos. Asstt. P I O’s listed behind you. GM(FP) is not even listed in the 15 member team of Public Information Officers.
Besides, I strongly protest to your statement:-
Stating that all internal enquiries from your end revealed that my complaints have been answered that also within a reasonable time. It is FALSE.
You state that your enquiries revealed that there has been no dereliction of duty, on the part of SCI officers. utterly FALSE
Your request for file notings need to be specific, to complaints of mine, skipped to the listed herein:-
1. My letter dated 4th August 1995, addressed to Dr.DP Mody, MBBS, Chief Medical Officer, SCI Ltd;copy marked to Maharashtra Medical Council, Tamilnad Medical Council, Medical Council of India and the Chairman and MD of SCI Ltd; Mumbai-21.
2. My letter dated 14th August 1995 addressed to ED(P&A),SCI Ltd; Mumbai-21,enclosing my medical certificate issued by the Consultant Cardiologist, St.George Hospital, Bombay-1, as per the advice of the C&MD, Secretariat.
3. My letter dated 1st November 1995, addressed to Shri.R.K.Barman, DGM(FPE), SCI Ltd;Mumbai-21.
4. Letter dated 11th October 2001 from Shri.Subhas Chand, U/Secy. to the Govt.of India, Ministry of Shipping, No.1, Parliament Street, New Delhi-110 001. This fair and just letter query was addressed to SCI -Director of Grievances, copy marked to self and to the Directorate of Public Grievances, New Delhi-1.
5. My complaint with NHRC, Delhi was forwarded by the Asstt. Registrar (Law), to the Honourable Secretary, Ministry of Surface Transport, New Delhi and the same referred to SCI Ltd;Bombay. Its notings and status?
6. Letter No.SS/11036/2/2000-SYII dated 16-01-2001, forwarded from the office of Executive Director (Personnel and Administration)SCI, to DGM(FPE), for necessary action. When called at SCI, PA to ED(P&A), informs me that the paper was forwarded long time back to DGM(FPE), who is hatching eggs. He gave me a chit to pass on to DGM(FPE) to remind him. Who then said that he is working on it assuring early reply.
The whole issue of hushing up and manipulation started. “Brutal styles of ruling the roost can get results in the short term says Cary Cooper”, Professor of Organisational Psychology and Health at Lancaster Business School. “But in the medium to long term, you lose good people and even if they stay, they become less productive and there is every chance they’ll burn out or become ill. May I look forward, for a fair and just reply, with an open mind from you, without any afflictions? Thanking you,
Yours faithfully,
P. K. CHANDRAN,
EC 122348, Ex.3rdEngineer Officer, M107-22, “Prefabs”29th Cross Street, PO Box 5006, Besant Nagar, CHENNAI-600 090. pkc484@yahoo.com OR pkc484@hotmail.com
Shri.R C Lahoti, Chief Justice of India,
Shri. Harish N.Salve, Attorney General of India
Whistle blower’s plight – thrown out of
service, like a fish out of water, from my
employment with SCI - Govt. of India Public
Sector, Ministry of Shipping.
Please view this, to know the reality and come to my rescue.
• Letter to C V C New Delhi, dated 5th April 2005.
• CVO-SCI acknowledges above-said letter dated 9th Sept.2005.
• Subsequent letter from CVO-SCI dated 22nd Sept.2005 enclosing SCI letter dated 4th May 2005, never sent to me, but a manipulation.
• Religiously answered above-said two letters, enclosing all relevant supporting documents. Two packs. Marked “Personal & Confidential”.
• Letter from CVO-SCI, informing same forwarded to GM (P&A).
• Having not heard after waiting for a fortnight, called up GM (P&A), requesting fairness final settlement of my dues, seeking justice since 1993. Being thrown out of service, like a fish out of water, with no pay or compensation, while no fault of mine but for ageing Blood Pressure (Hyper tension).
• GM (P&A) informs that he does not deal with the Fleet Personnel, which CVO does not know and hence forwarded to GM(FP). He adviced me to contact the GM(FP) giving me his direct phone number 022-2202 0808.
• When contacted, GM (FP) informs that he has received all the papers of mine through GM(P&A), sent by CVO. On checking with CVO, he has advised him “No action need be taken” but for safe retention.
• Hence, I sent an e-mail to CVO-SCI on the 30th Sept.2005. Copy of which is attached, asking if no action is to be taken after exposing all the injustices suffered, why the same (confidential papers) not returned back to me.
• 4th Oct.2005 forwarded the text of the above-said e-mail to CVC New Delhi. Copy of which is attached.
• Sir, this is the plight of the whistle-blowers. Being a sincere and loyal citizen who exposed all the flaws in the system/administration, being victimized. Against human dignity, snatching away my permanent employment with SCI, turning me into a beggar, social-stigma caused for no fault of mine, but for all my sincerity in my profession and being a loyal citizen.
Looking forward for your due consideration with a humanitarian outlook. I remain yours most humbly for your justice.
P.K.Chandran, 3rd Engineer Officer, SCI. EC122348.
COULD A LEGAL FIRM IN CHENNAI TAKE UP THIS GENUINE CAUSE OF A SENOR CITIZEN.
Anonymous
19 November 2010 at 22:45
I am working in a Government bank as asst manager. I want to resign from the bank; but there are chances that bank will not relieve me. The reason may be my handling loans/advances portfolio; it is very easy to pick an issue especially related to portfolio which i handle and on that pretext; they will not relieve me. Some of the cases are already there faced by some of my collegues.
I am hopeful of getting good placement in some private banks; what if my bank does not relieve me if i submit my resignation.
Can a private bank employ me without relieving order from my present employer which is a govt bank.
kindly help me urgently.
raghavendra
19 November 2010 at 19:18
sir,
how can i get member/bearer in banglaore employer association,
is there any procedure
Anonymous
19 November 2010 at 15:48
I am Business Analyst in Sales Support in a private organization. I resigned from my company on November 18, 2010 and now i am on one month notice period. My last day in my company will be November 17, 2010. But some time my company will play a game / cheat the employee by relieving them earlier without the employee request for that. So they can reduce the salary of the employees during the notice period. If a person won't work in the notice period for 1 day, they will cut the salary for two days. But if they are relieving earlier, they will give the money only for the days which i worked.
But the problem here is that, the employee is ready to serve 30 days notice period and i believe if company is relieving the employee during the notice period without employees' request, the organization has to pay him the salary for 30 days notice period.
Please let me know if there is any rule in Indian Labor Law for supporting this argument.
Mobin Mathews
19 November 2010 at 15:44
Dear Sir,
I am Business Analyst in Sales Support in a private organization. I resigned from my company on November 18, 2010 and now i am on one month notice period. My last day in my company will be November 17, 2010. But some time my company will play a game / cheat the employee by relieving them earlier without the employee request for that. So they can reduce the salary of the employees during the notice period. If a person won't work in the notice period for 1 day, they will cut the salary for two days. But if they are relieving earlier, they will give the money only for the days which i worked.
But the problem here is that, the employee is ready to serve 30 days notice period and i believe if company is relieving the employee during the notice period without employees' request, the organization has to pay him the salary for 30 days notice period.
Please let me know if there is any rule in Indian Labor Law for supporting this argument.
Anonymous
19 November 2010 at 12:59
CAN AN EMPLOYEE BE PROMOTED BASED ON HIS PERFORMANCES OUT OF TURN IN GOVT AUTONOMOUS BODIES WITHOUT WAITING FOR COMPLETION OF THE RESIDENCY PERIOD
Anonymous
19 November 2010 at 01:41
Brief facts of the case :
A labour case in Delhi (of illegal termination and reinstatement of service with full back wages and continuity of service and consequential benefits) has proceeded upto worker evidence stage in 18 months and the workman has given sufficient evidences to prove his illegal termination and his nature of duties (mainly clerical) to prove that he is workman u/s 2(s) performing clerical work.
The management after receiving the copy of affidavit with evidences from worker side has suddenly changed his lawyer and the new lawyer have taken adjournments on two occasions on ground that he requires time for cross examination as he has to prepare and study the case.During the third occasion of cross examination of worker he filed a fresh application for amendment in his ws filed 1 year ago in sep'2009 and prayed for the following proposed amendments
1. jurisdiction - the case should be in NOida and not in Delhi
2. repeated the issue framed earlier - Workman was performing managerial function and hence not fall u/s 2(s) of ID Act
3.giving new offer of employment to workman vide their letter dated 15/11/2010 ( but on earlier terms and condition) by saying that company has vacancy in their other factory now(note that this factory is in a village almost 1200 kms away from his earlier posting since they have now closed the factory of noida in aug'2010 despite the fact that they have branch offices in delhi, noida and ghaziabad and even a new factory at roorkee.
4 since they are offering him new employment and if he accepts, it is presumed without admitting that now this case ceases to exist.
5 since the company has now no operations at noida and they are offering him employment he cannot be given relief of reinstatement or any other benefit.
My queries for dear experts are as follows :
1. Can such type of amendments in ws at a stage when trial has commenced (i.e. after seeing the evidences of worker) ,acceptable in law.
Please give some Apex court decisions references
2) Is it not a game plan/malafide of the management to delay the case by offering him employment in a remote area and side by side showing the court that they offered him the employment but he rejected.
3) Whether workman can ask for employment in nearby places as mentioned above.
4) If workman accept their offer than what about the claims of the period for which he remain unemployed and for which he is fighting the case for last 2 years
5) What reply should be given in court by the workman who want to join but in a nearby office and also his claims of 2 unemployed years due to illegal termination settled first.
I hope that this query will be replied by maximum number of expert as I feel it to be a complicated case for the suffering workman.
Rgds
skg
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