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AK (Manager)     29 August 2014

"punishment" for lying during resignation

An employee was "punished" for lying about the reason of resignation (although it was not mandatory to tell the reason...).

1.The manager made him work extra hours throughout his remaining 3 months of stay.
2.Managed to block his last 2 month's salary .
3.When the employee felt sick (because he was suffering from serious depression and was under medical supervision for the last 1 year or so), the manager and "his team mates" openly laughed at the employee's misery.
4.The manager used to walk around the room and boasted about himself by pointing his finger to that employee's misery that how he has imposed extra working hours on that employee and that the latter cannot do anything about that.



Learning

 10 Replies

AK (Manager)     29 August 2014

This was an incident that happened in mid 2010. Can this case still be handled legally after this 4-5 years? If yes, how long can cases like this can be kept dormant before anything is done legally?

Sudhir Kumar, Advocate (Advocate)     29 August 2014

Apparently time barred

T. Kalaiselvan, Advocate (Advocate)     01 September 2014

At this point of time you do not have a case at all. If you were aggrieved, you would have retorted immediately by bashing up the manager then and there itself or atleast you would have taken a legal action during that time itself, that is what law requires you to do, but now it is not only too late, you do not have any case. However, your query seems to hypothetical and academic, so let me stop replying this anymore.

Mrityunjay108 (service)     01 September 2014

Please do not remember all that. We all suffer such things in life. Forget it and know one thing - God avenges. He does. Trust that.

1 Like

Kumar Doab (FIN)     01 September 2014

 

You can cook stories and tell stories in notice of resignation/resignation..................................or you can just submit one liner..................................NO Line Manager/HR personnel/employer has any business to ask the reason...............................Once the employer has communicated intention to separate by resignation he/she has ended employer-employee relationship.

 

Even if you have written rhymes in notice of resignation but have mentioned that you are resigning it is sufficient.

 From that day employer is under debt if any amounts are unpaid by employer and as per various enactments applicable to the establishment. Employer should tender and supply by effective modes of communication:::::: payment  of dues and all relevant docs e.g. acceptance of resignation, service certificate, relieving letter, correct FnF statement, Form16 as per correct FnF statement, PF number/account slips/ESIC card/notice of determination of Gratuity and payment, NOC/NDC etc…………………………………on last day in office or say within next 3 days………………………….max. within usual pay day.

WHO HAS WRITTEN AND WHO HAS DECIDED OR WHO HAS ADVOCATED THAT UNPAID WAGES SHALL BE TIME BARRED????????? IT SHOULD BE SHARED IN THIS THREADFOR THE BENFIT OF ONE AND ALL SO THAT ALL EMPLOYEES MAY ON THEIR OWN WRITE TO EMPLOYERS THAT THEIR CLAIM IS TIME BARRED AND HENCE EMPLOYER SHOULD NOT PAY…………………………..SO THE EMPLOYEE’S UNIONS/TRADE UNIONS AND LAWYERS AND LAW FUL AUTHORITIES BEFORE TAKING UP SUCH MATTERS SHOULD INFORM THE EMPLOYEE THAT AS PER………………………………..(JUDGEMENT/LAW/RULE) THE CLAIM IS NOT PERMISSIBLE.

 

THE APEX COURT HAD DECIDED THAT ‘LIMITATION DOES NOT APPLY TO PAYMENT OF WAGES……………………………..’ DO WE EXPECT THE SUPREME COURT OF INDIA TO DECIDE IT EVERYDAY AND ALL NEWPAPERS TO PUBLISH IT EVERYDAY AND ALL NEWS CHANNELS TO PLAY IT EVERYDAY……………..

LIKEWISE IF YOU WERE SUBJECTED TO INSULT,COERCION,RUDENESS, INTIMIDATION AT WORKPLACE……………………UNTRUTHFUL THINGS WERE SAID AND PUBLISHED/WRITTEN ABOUT YOU…………………….. YOUR LAWYER MAY OPINE THAT YOU STILL MAY HAVE A CASE……………………….

YOU MAY MEET AN ABLE LABOR CONSULTANT/SERVICE LAWYER……………AND ALSO AN ABLE LAWYER HANDLING CRIMINAL CASES……………………….WORTH THEIR SALT AND DISCUSS IN PERSON WITH WHATSOVER RECFORD THAT YOU MAY HAVE……………….

Notice period of 3 months may not necessarily be applicable to you hence you can claim if it is deducted/adjusted……………..OT may be applicable to you…………………..hence you may be able to claim it ………………….OT should have been paid alongwith normal wages on usual pay day.

Designation alone does not decide employee shall be covered as’ workman’ or ‘employee’ as defined in various enactments.

I applaud you if you have mustered courage even after 4-5 years.

 

Are you willing to proceed further!

1 Like

AK (Manager)     06 September 2014

Originally posted by : Kumar Doab

 

You can cook stories and tell stories in notice of resignation/resignation..................................or you can just submit one liner..................................NO Line Manager/HR personnel/employer has any business to ask the reason...............................Once the employer has communicated intention to separate by resignation he/she has ended employer-employee relationship.

 

Even if you have written rhymes in notice of resignation but have mentioned that you are resigning it is sufficient.

 From that day employer is under debt if any amounts are unpaid by employer and as per various enactments applicable to the establishment. Employer should tender and supply by effective modes of communication:::::: payment  of dues and all relevant docs e.g. acceptance of resignation, service certificate, relieving letter, correct FnF statement, Form16 as per correct FnF statement, PF number/account slips/ESIC card/notice of determination of Gratuity and payment, NOC/NDC etc…………………………………on last day in office or say within next 3 days………………………….max. within usual pay day.

WHO HAS WRITTEN AND WHO HAS DECIDED OR WHO HAS ADVOCATED THAT UNPAID WAGES SHALL BE TIME BARRED????????? IT SHOULD BE SHARED IN THIS THREADFOR THE BENFIT OF ONE AND ALL SO THAT ALL EMPLOYEES MAY ON THEIR OWN WRITE TO EMPLOYERS THAT THEIR CLAIM IS TIME BARRED AND HENCE EMPLOYER SHOULD NOT PAY…………………………..SO THE EMPLOYEE’S UNIONS/TRADE UNIONS AND LAWYERS AND LAW FUL AUTHORITIES BEFORE TAKING UP SUCH MATTERS SHOULD INFORM THE EMPLOYEE THAT AS PER………………………………..(JUDGEMENT/LAW/RULE) THE CLAIM IS NOT PERMISSIBLE.

 

THE APEX COURT HAD DECIDED THAT ‘LIMITATION DOES NOT APPLY TO PAYMENT OF WAGES……………………………..’ DO WE EXPECT THE SUPREME COURT OF INDIA TO DECIDE IT EVERYDAY AND ALL NEWPAPERS TO PUBLISH IT EVERYDAY AND ALL NEWS CHANNELS TO PLAY IT EVERYDAY……………..

LIKEWISE IF YOU WERE SUBJECTED TO INSULT,COERCION,RUDENESS, INTIMIDATION AT WORKPLACE……………………UNTRUTHFUL THINGS WERE SAID AND PUBLISHED/WRITTEN ABOUT YOU…………………….. YOUR LAWYER MAY OPINE THAT YOU STILL MAY HAVE A CASE……………………….

YOU MAY MEET AN ABLE LABOR CONSULTANT/SERVICE LAWYER……………AND ALSO AN ABLE LAWYER HANDLING CRIMINAL CASES……………………….WORTH THEIR SALT AND DISCUSS IN PERSON WITH WHATSOVER RECFORD THAT YOU MAY HAVE……………….

Notice period of 3 months may not necessarily be applicable to you hence you can claim if it is deducted/adjusted……………..OT may be applicable to you…………………..hence you may be able to claim it ………………….OT should have been paid alongwith normal wages on usual pay day.

Designation alone does not decide employee shall be covered as’ workman’ or ‘employee’ as defined in various enactments.

I applaud you if you have mustered courage even after 4-5 years.

 

Are you willing to proceed further!

 

I am willing to proceed further.

 

Before that kindly let me know whether I can fight this case after all these years, as the others are saying that nothing can be done after all these years.

If you have good news for me, please PM me with your email or mobile

Kumar Doab (FIN)     07 September 2014

1. I am not available for discussion by phone, emails.

If you wish:

--You may post further in this thread. 

--Leave your contact details, location, in this thread or by PM and if some suggestions are possible it shall be communicated to you for final decision by you.  

 

2. What was this establishment; Commercial,Industrial, Small Enterprise..................The registration certificate can give you an idea or you have to find on your own.

How many employees were employed in it?

Did the company display standing orders applicable to it: certified/Model?

What is its line of business e.g. banking, IT, Grocery etc...................

The Redg. office and HO, your reporting office is located in which state?

What was your designation and nature of duties?

Do you have evidence and details of OT/extra hours?

Have you posed some representations even if by ordinary/normal post............................and can you produce copies?

Were you or are you member of some employee's/trade unions?

Did the company issue any FnF statement and did you accept it?

Have you consulted any Lawyer so far: if yes, was this lawyer a Labor Law Expert/Service lawyer............................and a Criminal Law expert..................................or a civil matters lawyer meddling in Labor law/Criminal law.

Both are alltogehter different fields and in each city there A FEW lawyer's that specialize in it.

They are well known and all such cases are usually referred to them.

 

Who are these 'Others' that have confided to you that Nothing Can be Done!

 

AK (Manager)     07 September 2014

Originally posted by : Kumar Doab

1. I am not available for discussion by phone, emails.

If you wish:

--You may post further in this thread. 

--Leave your contact details, location, in this thread or by PM and if some suggestions are possible it shall be communicated to you for final decision by you.  

 


 

If you are not available for discussion over phone or email then whats the use of providing my contact details ? You wont be using any of them!

AK (Manager)     07 September 2014

Originally posted by : Abhishek

Please do not remember all that. We all suffer such things in life. Forget it and know one thing - God avenges. He does. Trust that.

Ya God did all that. Some of the "valuable" employees resigned after that incident. And the manager and the entire team suffered a lot for qt a long time.
God played his part well. Absolutely no doubt at all.

But its time for me to play my part.

Kumar Doab (FIN)     08 September 2014

There are many employees that have obtained their dues and resolved their matters just by referring threads at LCI::::


One recent post is at:


https://www.lawyersclubindia.com/experts/F-f-settlement-and-relieving-letter-pending-for-last-3-years-491296.asp


The husband of the employee collected payment of dues of her wife and Relieving letter after 3 years.

Had you posted the reply to some of the questions you would have received some response. 


Labor Law/Service matters/criminal law is altogether different field of law and in each city there are few lawyers that specialize in it and they are well known and such cases are usually referred to them.


Online discussions have its won limitations.

Approach a good lawyer in person and spend quality time with your lawyer.


Sometimes some lawyers agree for a case just for the cause in it.................................then it does not remain just  a case..........................cause is bigger than the case........................

Once a good lawyer accepts a case as a cause................................the case is almost won...................... If a good lawyer takes you under wings you can relax.

 

If so far you are just collecting information then you can visit other forums too, and compile as much as you want and then approach your lawyer...........................................


It is reiterated that: """"THE APEX COURT HAD DECIDED THAT............. LIMITATION DOES NOT APPLY TO PAYMENT OF WAGES…………………………….."""

 

 




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