02 May 2021
hi i have been dismissed by my company saying i have made false declaration about my qualification in application. fact is, for the said post prescribed qualification was Bachelor of Arts. but i have degree of bachelor of art and other post graduation and graduation course also. since i was instructed to write one relevant qualification for the post. in application have been mentioned Bachelor of Arts. during selection process with =out handover the copy to me some signture on undertaking obtained forcefully. I joined the company later after few year company come to know i have other qualification also, hence, they have issued charge sheet for false qualification in application, dismissed me from the service against there own rules. Now, i wanted to file the private complaint or police complaint for illegal and unlawful dismissal for no reasons. Kindly suggest me how i should file complaint against the company under what are the section of IPC will attract for
1. cheating, 2. willfully knowing that unlawful dismissal wrong full loss to me and my family member and suffer my family badly for livelihood, 3. forcefully taken signature on undertaking knowingly there is no such rule in company to take that undertaking or unlawfully and forcefully obtained signature on undertaking which goes against me. 4. using that undertaking obtained by me unlawfully in the evidence, knowingly that is obtained unlawfully 5. fabricating the documents while furnishing the documents under RTI Act, fabrication by way of erasing the endorsement/decision written by HR head on the letter of complaint against me 6. forcefully and undue influence obtained signature on undertaking unlawfully 7. any other section against company or officer of company for illegal dismissal which attract criminal action Thanks
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03 May 2021
Be specific, brief and clear in facts vis-a-vis query to form proper opinion and oblige. It is advisable to consult and engage a local prudent lawyer for proper analyses of facts/ documents, professional guidance and necessary proceeding.
03 May 2021
You have not objected about the signatures obtained forcibly from you at the time of joining the employment nor after that during the course of employment. You raise the protest about the signatures obtained forcibly from you now after the company has terminated your employment on finding you to have submitted fabricated documents. Your agitation about this at this stage is nothing but a vexatious claim made out of frustration, which may not be entertained by law enforcing agencies. Moreover the problem is that they have terminated you for some reasons, if you are aggrieved over the reasons for your termination, you may resort to legal recourse to get reinstated by filing a writ petition before high court. The police will not entertain any such complaint from you after so many years of the alleged incident of deceiving you by the company by obtaining signatures from you on plain paper or in the documents without allowing you to read the contents in it. You can vent out your grievances on the present subject before you and not on the past matter which do not have any merits to entertain your complaint.