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Sandeep Kapoor (Unemployed)     04 July 2008

SOS : Illegal Termination, No reinstatement, No Clearance of Dues, No PF, I AM ON ROADS NOW.

Dear All,

Anyone who reads and replies to this SOS message will benefit one entire family.


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I moved court on the grounds that since I have withdrawn my resignation before acceptance and full and final clearance by the company, I should be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
fitsandy@gmail.com
+91 9999 35 88 57



Learning

 4 Replies

H. S. Thukral (Lawyer)     04 July 2008

You have filed a case for reinstatment in the Civil Court ? Well Civil Court can not grant you relief of reinstatement becasue a contract of personal service can not be enforced. You can claim damages for wrongful termination if you were a permanent employee and not a contractual one. Therefore see that you have filed a correct case. 

GOPI KRISHNA (ADVOCATE)     04 July 2008

you are entitled for your pending salary and other office  reimbursements, since you are not covered under labour laws, the remidy is prefer suit for damages,

Guest (n/a)     04 July 2008

 


Respected Thukral Sir,


I am really grateful that you replied to my query about wrongful termination by Kinetic engg Ltd. in details. Can I please get in touch with you over phone. May I have your contact details as well. I would request you to kindly give me a chance to meet you or talk to you in person.


My contact number is 9999358857 and am presently at Gurgaon.


Regards


Sandeep Kapoor


 

Kumar Arvind (The Law Consulting)     16 July 2008

Sandeep,


      friend, just relax yourself first. Secondly just try to get your appointment letter first for the date on which you have joined the said company. Just go though it and try to access the conditions signed by you. After that you can prepare for the next hearing alongwith a specialise lawyer. As per the laws applicable rightnow, you can also ask to the company for your entitlements after resignation through Right to information Act. I think it is the better remedy avaibale to you at this stage. Also try to consult with your lawyer for some other remedies avaible as per different laws applicable in your state.


Regards


Kumar Arvind


LLB IInd Yr. Student


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