Anonymous
14 December 2011 at 12:14
Request for suitable advice to take legal recourse in following summarized situation
Resigned from Public sector bank hq at Delhi whilst posted at Delhi, in order to get relieved from BANK’s services after selection as Gr. ‘A’ official in a Central University, applied through proper channel, the BANK’s Authorities compelled to deposit BOND amount ( Although there was not any BOND executed nor any Specific training expenditure incurred) of Rs. 5,00,000.00 ( That was deposited UNDER PROTEST to join new job in specified time) in gross violation of BANK Guidelines, Fundamental Rights of Indian constitution, Natural law of justice, Various Acts and judgments of Honorable courts, Central Government guidelines or DPE Guidelines (Department of Public Enterprises guidelines:CHAPTER II PERSONNEL POLICIES(c) Service Matters 29.DPE/Guidelines/II(c)/29 Regarding Enforcement/transfer of bond in respect of employees of Public Enterprises/Undertaking who leave the services of one Undertaking to join another Undertaking/Government service; even without incurring any expenditure on providing any Technical or Scientific Training / existence of Legitimate BOND. Only for the sake of protecting themselves for not having performed their duties or covering their acts depicting dereliction of duties as per guidelines and their latent desire to function as the Supreme authority of the Bank.
To exert extra pressure to disallow acceptance of resignation in absence of deposit of Rs 5 Lac, Salary was stopped from disbursement, Sanctioned Leaves were rejected, Notices were slapped for disciplinary action by incompetent authority, in addition to several threats of spoiling career by imposing false allegations etc. whose sufficient documentary evidences are available. Further, following payments were stopped from payment on false grounds even when the matter was taken up with higher authorities of BANK including C&MD. Following are still pending even after passage of more than 10 months of resignation, and BANK has stopped responding letters:
1. 2 TA bills: For Rs 21518.00 & For Rs. 42500.00.
2. Reimbursement of Fee & incentive for notified education course for Rs 15000.00.
3. Rs. 5,00,000.00 deposited with BANK UNDER PROTEST
4. Terminal Dues : Actual in Lacs, if calculated, such as
a. BANK’s contributions to PF with Interest.
b. SERVICE Gratuity (Service gratuity is in lieu of pension. Minimum service to earn pension is 10 years. The Govt. servant with less than 10 years qualifying service is entitled to service gratuity.)
c. PENSION, In lieu of b above (As either b or c should necessarily be paid.)
d. RETIREMENT Gratuity (A govt. servant who has completed five years qualifying service and has become eligible for service gratuity or pension is entitled to retirement gratuity)
n.b. :
1. All the above are backed by sufficient documentary evidence in the form of letters issued by BANK, RTI responses, documents, electronic proofs.
2. The sufferer is currently residing at Bhopal (MP) basically from Patna (Bihar).
Further,
I did raise protest in writing under acknowledgment and demanded copy of the bond and did move RTI application, demanding copy of the bond, but to no avail and 2 RTI requests are under CIC considerations in Second appeal as the BANK has preferred to stick to delaying tactics. After resignation in feb’11, I have constantly been trying to take recourse from everybody, including GM & CMD of the BANK but they have now stopped to respond even. If 2-3 times, they have responded, its only when I wrote to Finance Ministry, DoPT, Deptt. Of public grievances etc. but that have been only routine erroneous response made so casually that now it seems they are not govt. officials at all. At times, in return, they have tried to continue with their threatening skills like efforts to malign my image in the new job. Even Union people have not been supportive to an outgoing official at all. The only fault is that I could not approach some experienced and competent lawyer/law firm as I was running short of deadline of joining new job and was not in a position to get back my resignation from BANK, as I had not anticipated this raw treatment from BANK where I served for 7 years. BANK had demanded the payment citing the bond, in writing. I did demand the copy of the bond in writing but BANK has been avoiding by hook or crook even when demanded through RTI. I kept requesting them to not insist for deposit of Rs 5 Lac as there was not any such BOND, and even BANK had accepted my resignation letter with clause that there was not any BOND as on date, with seal. And ultimately when BANK did not relent, given the fear of not being able to join new job by given time, I ultimately deposited the payment under protest. BANK has issued receipt mentioned the payment is received against bond but finally issued a letter after deposit that there is no provision of depost of BOND amount UNDER PROTEST. The summarized matter of the fact is that BANK had selected a few experienced employees to impart specialized training but a few officers, who were responsible for arranging such training, despite instructions, kept avoiding and did not organize the training because of their biases, that could have cost some amount to BANK. By that time, my outside employment came and I tendered my resignation which the senior manager(establishment ) accepted with her seal as she knew from records that there was no such BOND. Now, the officers feared that BANK will not leave them, as they on their own had defied the orders of arranging training and execute a BOND as per guidelines, they kept forwarding my resignation letter to competent authority with insistence of recovery of BOND though my resignation letter had the facts to the contrary, while at the same time they kept threatening me and exerting pressures resorting to all sort of tactics as stated already, just with the notion that if they recover the amount, they will not immediately face the music. They, going by my simple nature, thought that I would not be taking legal recourse, and if I took, that will take long years and by that time they will retire from the job. I know that I have sufficient documentary evidence and now I wish to not only get my dues back but at the same time, some hefty penalty on erring and lying officers be imposed and be paid to me as compensation. Though summarized version, but still I think, this will serve the purpose for further guidance.
1. Should i, being a government official, pursue the case in my own name or through my wife who is not working?
2. can i sue the BANK for Dues only or to teach them a lesson, i shouls claim for damages/ compensation as well?
3. How much will this cost as this act of BANK has left me financial devastated?
4. Is there some law of limitation as i depositted the amount in Feb'11 UNDER PROTEST and have continously been taking up the matter with BANK?
5. can I sue the BANK from Bhopal or delhi only?
Regards.
Prabhat Kumar Shukla
14 December 2011 at 10:57
Res.Sir,
I have heard about that contractual employees can be permanent in Private or purmanent sector. If such type of direction given by SC ,Please send me that order to my mail id:pks_rn@rediffmail.com.
Thanking you.
Prabhat
Anonymous
13 December 2011 at 16:57
Respected Sir,
I have a case before an Arbitrator. I am appearing on behalf of the company. The entire case is depending upon an Agreement (un-registered) executed between the Employer and Employee and his surety. As per the said agreement, the employee should work for a period of 1 one year. In case if he leaves, he should have to pay Rs. 1 Lakh towards liquidated damages.
Since the employee failed to full fill the terms and conditions, I filed a Claim petition before the Arbitrator. In the said case, the respondents also filed a counter claim against the company.
In their evidence, it is clearly established that their pleas are false and that the company never committed any mistake towards the employee or his surety. In this both sides evidences are closed and it is coming for arguments.
So after arguments, what considerations, the Arbitrator takes while giving an award either to the company or his employee and his surety.
Durga chatterjee
13 December 2011 at 14:34
Hi!!
I have a query that what are the medicals tests recommended or compulsory by law in Maharashtra by foodhandlers working in Hospitality Industry?
Kindly provide me the list and law details of same.
Thanks
Durga Chatterjee
S.B.adil rahman
12 December 2011 at 19:43
In a departmental proceeding the Inquiry Authority has given a finding which do not have expressly been charged against the delinquent by the Disciplinary Authority. In other words he has improved the charges without the consent of the Disciplinary Authority. On the basis of the findings punishment of holding of one increment has been ordered by the Disciplinary Authority. How far it is sustainable in the eye of the law? Kindly guide.
Anonymous
12 December 2011 at 19:29
Dear experts
A poor workman wants to recover some amount
from his employer u/s 33 c(2) without the help of a
lawyer . Please mention step by step procedure
that he has to follow if he wants to apply in
labour court.
skg
12 December 2011 at 19:23
Dear labour case experts,
To prevent delay in court case, can a workman in
a labour case be allowed by presiding officer to
cross examine management and further do
arguements if his lawyer is making fool of him
and willfully missing dates given by court.
Anonymous
12 December 2011 at 19:15
sir i m law student...one query of my friend is here...he has worked with a x company in maharastra from 15 april 2010 to 24 nov..he came on leave to native place delhi for 10 days leave..here he gave interview and got selected..company y wants immediate joining..he posted resignation on 27nov..he joined on 28 nov..but company y wanted acceptance of resignation on written..without acceptance company y told him that he has given only provisional joining..first come with acceptance of resignation then we will take him on pay roll..he took leave without pay on 28 nov(including date of joining)on same day of joining ..and went to prior company..and with acceptane of resignation letter came back on 19 dec.he came on pay roll of company y w.e.f. 20 dec.now he resigned to company y and got relieved on 25 dec..but company y has issued experience letter from 28 nov to 25 dec..but he is only on pay roll of 20 dec to 25 dec.he has now joined another company on relieving of y company..and new hr has asked for overlapping of dates?
sir i want to ask is this dual employment?what should be done by him?
pls suggest...thanks alot
Anonymous
12 December 2011 at 12:01
iam working in a public ltd company.we have four units in the food sector.now we have inducted 100-120 workers in various units to step up production,expansion and diversification processes.we are keeping separate registers for permanent staff of the units as well as casual and temporary registers for unskilled workers.covering all workers under esi &pf will be financially burdensome to the company since many of them are migrant or contract workers and they have to be registered under migrant workers act with consequent liabilities.so what is the best option available to the company in bypassing statutory requirements?can the workers be enrolled in group insurance schemes?are such schemes substitute for esi?are temporary workers under contract required to be enrolled under pf scheme?how can we best manage the situation without incurring much liabilities?i hope you follow me?
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Gratuity limit
Dear All,
One of my employee completed 20 years of services & we computed his gratuity Approx. Rs. 13,50,000/-, but the law said ceiling Rs. 10,00,000/-, so guide me whether I will pay him Rs. 13,50,000/- or Rs. 10,00,000/-
Please do the needful,
Regards,
Dhananjay