I Kudapa Murali Mohan was employee in INDIABULLS SECURITIES LTD. working as a Relationship Manager in Sales from April 2006 till ----. My last salary drawn on Aprial month Rs 17840/-with deduction's of tds and EPF.I have been terminated on by the management on 05May 2011.
I used to get incentives based on my performance and directed by company. Since I have got huge incentives in the month of March which has got credited my Head Office directly into my bank account, my superior has asked me to credit back to the amount, failing on which they have threatened to terminate me. As I did not credit the amount back to indiabulls account the company has terminated me with out any intimation or following termination policy
I have approached the labour court Vishakhapatnam (ACL- 2) Apse act 1988 on this issue and the case already proven in the labour court in the result , " the termination orders issued by the o.ps are set aside.And the o.ps are herewith directd to reinstate the Applicant with immediate effect with continuity of service,within 30 days from the date of receipt of this order . order s date on 23-may 2012. I have received a order copy on 9-jun 2012.
The management of indiabulls securites ltd instead of rationally analyzing the issue and undertaking the dispute raised by me ,very strangely chose to become hand in glove with number 2 of you. On 27-06-2011 the management filed a reply before the asst labour commisonar and ventured to allege false hood against me.
Company's Reply to Labour Court " That the appellant/ Employee is guilty of " Suppresio Veri " and " Suggestio Falsi" as he had deliberately suppreseed the relevant and material facts from this Honble Court and had not approached with clean hands.Thus on this ground also appeal is liable to be dismissed. it issubmited that the said Appellant /Employee has deliberately concealed the fact that he is Guilty of mis-appropriating the compnay,s money/amount and despite opportunity granted to him to return the mis-appropritaed amounttheAppellant failed to do so giving vague reasons.Thus the respondesnts Company having no other option but to immediately terminate him in accordanse to HR policy of the compnay managemnt..
The compnay as givng inwriting of wrong counter (mis-appropriating and company money missuse) towords me. its already proved in labour court that there is no mis appropriating of funds .and the alleged incentive Amount as been dirctly cridted by the company. so finally compnay requsted to be dismissed... so iam going to filed a civil case( Damages Case) And Criminal case legally on Company .its Right way or not?
plz give me valuablu advise.