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SOS : Illegal Termination of Services, No Reinstatement, No Clearance of Dues.

(Querist) 04 July 2008 This query is : Resolved 
I was employed at Kinetic Engg Ltd at Delhi as a Regional Sales Manager between Sept 2001 to Apr 2004.

There was lot of politics in the company and some of office people plotted against me and I was sent on leave in Apr 2004 by the then Joint Managing Director

Sulajja Motwani with a verbal assurance that I will be given another assignment at Head Office in Pune within next 15 days. I agreed and went on leave and

after 15 days I was denied any assignment in the company and the then HR Manager started asking for my resignation on phone. I refused and they stopped my

salary and other office reimbursements.

I kept on following up through email and registered post letters to the company but there was no reply. Then I got fed up and submitted my resignation and

asked for speedy clearance of my dues. But the company didnt clear any of my dues including and PF was also not given. In the meantime I withdrew my

resignation and asked them to reinstate me in the job. The company refused and started putting allegations of lack of responsibility on me, which they had

not done earlier.

I moved court on the grounds that since I have withdrawn my resignation before acceptance and full and final clearance by the company, I should be

reinstated. Now the case in pending in court and dates after dates are being given but no justice. In the meantime neither the company has paid me my dues,

salary or PF and not relieved me, nor they have reinstated me.

I fear the case will go on for infinite time and I am not able to get any gainful employment anywhere else diue to this and am not able to support myself and

my ten year old son. My wife has deserted me after I lost my job and my son is being raised by my old parents of 70 years.
I am staying with an old friend of mine who is bearing my day to day expenses. Since I have no capital I cant start even a small business to support myself.

In nutshell my professional, personal and social life is totally ruined. I am under deep chronic depression and need help.

Is there any provision in Indian Laws by which I can get speedy and time bound justice in this case.

Please help me.

A distressed soul.

Regards


SANDEEP KAPOOR

+91 9999 35 88 57
SHIV KUMAR GUPTA (Expert) 04 July 2008
MR.SANDEEP
PL CALL ME OVER MY MOBILE NO 9810467564 BETWEEN 8 P.M. TO 9 P.M.
S.K.GUPTA
Sandeep Kapoor (Querist) 04 July 2008
sir,

thanks for replying, i will call surely

regards
Guest (Expert) 04 July 2008
Is the dispute under Industrial Disputes Act, then you can file application under section 17 seeking interim relief, i.e. payment of half of the salary until the dispute is settled.
Sandeep Kapoor (Querist) 04 July 2008
Thanks a ton for replying Mr. Kotresh.
Sandeep Kapoor (Querist) 04 July 2008
Dear Sir,

I have filed a civil suit for reinstatement of my services. Can I be entitled to interim relief under section 17 ?????

I was a manager with the company with gross salary of about 4 lacs per annum. Can I file another case under Industrial Disputes Act ??

Kindly reply fitsandy@gmail.com

Regards

Sandeep Kapoor

H. S. Thukral (Expert) 04 July 2008
You can not claim reinstatement in a Civil Law. Contract of personal service can not be enforced. You could claim only damages for wrongful termination and also your outstanding dues. I am sure you have been wrongly advised to seek reinstatement. You have not filed a suit for claim as it would require payment of court fee on it which it seems you have not done. In my opinion your prayer for relief in a Civil Court is misconceived.
I am sorry to contradict but as such there is no provision under Industrial Dispute Act under section 17 or under any other section of the Act for Interim Relief in case of termination. I have not come across where such relief is granted by a labour court in case of termination.
You can ask your lawyer that if possible, at the stage of your case, whether your plaint can be amended.
H. S. Thukral (Expert) 04 July 2008
P.S.
If you were a workman you could still raise an Industrial Dispute. From your designation it is hard to prove that you were a workman. Sales Promotion employees except those working as Medical Representatives are not workmen.


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