Pranesh (HR) 17 September 2012

Relieving letter

Hi

I joined the Patni computers on Sep 2010 and was working. I went on maternity leaves from September 2011 to December 2011, after that I have joined company back in December 2011 but was not able to sit due to severe backache. I have taken medical leaves till March 2012. I have emailed To (Noida HR) regarding this and also send medical letter.
On 11 April 2012 I have resigned and email to HR regarding my resignation formalities. But no one replied.

On 18th April2012 I have again send reminder mail for resignation formalities. Again on one replied..
Got email on 13 July 2012 from Bangalore HR regarding F&F settlement.
I have arranged notice period recovery amount anyhow and transferred to Patni Account.HR said you will get relieving letter after F&F settlement.

Now they provided me termination letter on the grounds of absconding in place of experience letter. I have not received any email, not any show cause notice.

At least, they should follow process, give employee one chance to explain her. Without any notice how can they terminate me? When I have informed everything.

Also no one replying to the mails and somehow when i tried to contact the person through phone ,no one is taking responsibility. Everyone is saying you need to contact right person . Now who will tell me right person whom do i explain my issue.

Please let me know what action I can take from here.

Thanks
Shalini
kanaujia.shalini@gmail.com

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1 Replies

Kumar Doab (FIN) 17 September 2012

You had initiated same matter in your following thread:

Discussion > Labour & Service Law > Service > Igatepatni employee griviance(reliving letter not providing)

https://www.lawyersclubindia.com/forum/Igatepatni-employee-griviance-reliving-letter-not-providing--65134.asp#.UFcSqmcWrts

Various enactments which are applicable to your industry were discussed in above mentioned thread initiated by you.

The right person is good offices of your appointing Authority, MD, Chairman, Company Secretary.

If company has been merged in new company then it is good office of appointing Authority, MD, Chairman, and Company Secretary, of new entity.

You may apply exceptional levels of reasoning, persuasion, persistence, negotiation skills with these offices.

Your engagement with HR has not fetching you any relief. HR is there to serve its masters and bound by norms and policies set for them.

If the good offices do not grant relief you have the option to approach a competent and experienced labor consultant/service lawyer, court of law.

Let your lawyer take over the matter and evaluate the merits and structure and draft your representations to suit you in the long run. Good offices of the company may grant you relief if you can peruse and push them to give a good beating of mind to your case or you may have to approach appropriate forum. You may choose the option of moving jurisdictional High Court as suggested by learned Mr. Balakrishnan.

In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court. Designation alone does not decide employee is a workman or not.