Jatin Shaw
22 March 2017 at 15:32
Respected Experts,
I had joined this organisation which is based in New Delhi at their branch in Kolkata in May 2016. They had only given me the offer letter which I duly accepted and had joined but never was provided with an appointment letter and even after requesting many times they did not send the same.
The branch was just a godown and all the previous staff had quit but then even I continued and started working. My reporting boss was the CEO of the company based in Delhi.
The problem was that the salary credited to us by 20-25 of next month. Which continuously was delayed even after requesting them to pay the salary on time.
Later on I got to know this was in practice in the company and even my boss would not listen to me over email, phone or on personal visit and would always reply I will see.
Thus not been able to continue with the possibility of delayed salaries I quit in January 2017 on 6 th January.
After that I have been requesting them to clear my December month Salary and my travelling and conveyances expenses.
But they are avoiding as usual my emails and calls.
Please tell me how to recover my dues from them ?
Raj
22 March 2017 at 00:05
Dear all,
Kindly support me by your valuable advice as I was working with Idea for last 6years 6 months precisely.
My immediate senior was expecting 1 lakh rupees and wanted a girl for a night against my appraisal which I have not provided . So he created conspiracy with the support of my juniors stating allegations of taking 500 for approving their tour claims.and rs 20000 for the transfer of one Territory sales executive.
This was with support of my immediate senior who was once equal to me in designation and he was promoted and then posted as my senior But kindly note still his package was lesser than me.
Also he has some grudges from earlier stint where we worked together in same company as I already mentioned.
After these charges I was served Show cause notice and was asked to reply within 3 days ,I replied properly stating that these all allegations are wrong and it is just conspiracy against me.
After the show cause reply after 15 days there was cross one to one enquiry in which 4 tse were called and were asked to confirm the allegations, two TSE straight away denied to give any amount to me for any work and one TSE changes his statement that I complained wrongly earlier now I am confirming that no money was given for any work.Fourth tse told yes I have given money rs 20000 for transfer and 500 for approving claims.
i objected strongly but HR head had not given any attention to my points.
After 45 days I was called to circle office and was told to sign termination letter .
Which I had not signed then they sent that letter on mail.
I requested all my seniors at Indore and Mumbai but they didn't support me.
After wards I sent several mails to my seniors ,MD, HR national head,Group HR head but no one replied except Group HR head ,he stated I am seeking details from Idea again after my request he replied there are written complaints against you so we can't help you.
Even then I sent more mails to give me a opportunity to put forth my points but they have not given any chance to me.
I personally met circle hr team and requested to kindly consider my points which clearly shows that it is conspiracy but they have not heard and told me now we can't help you.
After my termination the tse who changed his statement during enquiry called me one day and asked sir if that tse who complained for rs 20000 changes his statement will your job be reinstated I said may be ,then he told he need 4 month's salary from you after thinking I said ok but that day he didn't change his statement then again after few days he came to my home and told he will revoke his complaint if you give him money ,Since HR team was asking some evidence so we thought of giving cheque ,we said ok we will give cheque he demanded 70000 amount cheque and i gave my wife's cheque which he took in his wife's name.
Then again he showed it to HR that i bribed him to change the complaint.
Thus I caught in conspiracy and now he is not returning cheque & asking money from me for returning the cheque.
Sirs I request you to kindly help me as I am the only earning person in my family where 9 dependents are there,my parents are old and I don't want any botheration in their mind.
I lost my 7 years old job ,and it has been Assassination of my 16 years career .
You are requested to kindly support me by ur vast experience advices.
1. How can I get reinstatement in company
2. What should be procedure to fight a case
3.Now HR is not discussing my query they have told to discuss with legal officer,who is telling now that no avenues are left in company if you wish you can try in court.
4.Sirs Is there any court or any competent authority where I can urge to consider my points also as there are no evidence of allegations against me.
Even if needed I would go to prime minister office ,Chief minister office or any other responsible person who can justify the situation.
Why company is not bound to take humanitarian approach if there are no evidences.
When there are no evidence of financial transaction then how can company terminate an old employee on the basis of just written complaint.
Is there no authority in India where my case can be fought .
I am again and requesting I have not taken any money but my seniors are not believing me.
Even they are not ready to listen to voice recording of employees which are in my support.
When I asked to provide the detail of Cross one to one meeting HR has denied to provide stating the reason that we can't put other employees life in risk.
Also they have not shared their final report of enquiry on what basis they have terminated me when I asked hr told we have provided in show cause notice.
Can't we go for criminal case against the seniors who demanded money and girl.
Can't these tse should be covered under criminal case as they have ruined my life ,career .
Sirs please provide me support and way forward so that I can get my job and can take care of dependents livelihood.
Regards
Neeraj Sharma
98264 70999
P.ESAKKIMUTHU
21 March 2017 at 20:45
I got an order of termination set aside by the Authority under TNSE Act,1947.No question of reinstatement/backwages is mentioned in the order as the Authority can only set aside the termination order. Whether Sec 15 of Payment of Wages Act can be availed of to get the benefit of back wages from the date of termination to the date of striking of the termination order. If so some citation must be furnished.
Dhavalkumar
21 March 2017 at 18:49
Hi, I working in C_DOT as senior research Engineer with pay scale BP+GP is 32320 as per sixth pay commission. Cdot is autonomous body of central government. I have resigned from my current organisation and joins ISRO. Where I have been offered BP of 56100 with 7th pay commission which is equivalent to (15300+5400) BP as per 6th pay commission. Am I eligible for pay protection and under which government rule ?
Thank you
Anonymous
21 March 2017 at 16:18
My employer credited salary on 10th march. Which is the salary date of every month.
I gave the resignation to the employer after that. They rolled back the salary credited on 11th march. Now they have given me the relieving letter. But, refusing to give the salary of 40 days. I have bank statement for the same. I have dropped them 2- 3 emails also they are not replying to that. Please suggest the legal notice under this situation.
Anonymous
21 March 2017 at 13:46
Hello sir, I hv registered in security & housekeeping services company for 1 district licence. I hv asking for suggestions about..... work in hole state in private company.
Raj
20 March 2017 at 22:28
Dear sir,
ICL has terminated my services on false complaints.but these complaint were non evident
Company had given notice then. Replied to letter.
I am the only earning member in my family but i was not given chance vu
Sir bn8
inderjeet
19 March 2017 at 11:06
Under the Industrial Disputes Act do charitable Hospital comes under the meaning of Industry as per citation of Bangalore Water-Supply & ... vs R. Rajappa & Others on 21 February, 1978.
Kunal
19 March 2017 at 01:48
The case is related to Non-payment of Salary
I used to work in Brainstorm Innovation and Research Pvt Ltd. The company is head quartered in Chennai and I used to work in Mumbai branch office. I had joined the company in May 2012. However, from December 2012, the owner of the company stopped paying our salaries citing that the company is going through financial crisis and they are looking for investor to pump in fresh investment. However, in February 2013, the owner of the company terminated all the employees citing that they have failed to find any investor and are closing the business. Through email and con-call they owner had promised that they will pay our pending dues, severance pay and provide us Form 16 for the TDS deducted.
Since then, i have followed up with the promoters/ owners of the company numerous times. Initially they were responding to our emails and have kept on promising that they will release the payment soon. However, off late they have stopped responding to my emails.
Kindly let me know how should i take legal action against the promoter/owner of the company. Under what premise, should i go ahead with the legal action and what is the chance of winning the case. I dont have enough funds to appoint a lawyer and fight a full-fledged case against the company. As an individual, can i send him a legal notice? It would be of great help if anyone can share sample legal notice for the same. Kindly let me know if sending a legal notice can help me in the recovering the pending dues? What if they dont even entertain my legal notice?
I am thoroughly confused no how to go about the legal action. Kindly guide me.
Regards,
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Resignation
Can an employee tender resignation during a preliminary enquiry in his office?