You are in which state? The redg. Office/HO of the company is in which state?
Does the company have its certified standing orders and has it extended these to your designation?
You have posted that:
---------“ I am the only bread winner of the family with 3 dependents If the employee doesn’t earn for self and family , there will be a question of survival, ‘
Firm up your next venture AS AP.
The company thru its line managers/HR is putting you on alert…………………..
Employee should apply rapport, goodwill, exceptional levels of negotiation, reasoning, persuasion, persistence skills……………………………….and resolve the matter in his favor.
Buy time and company may agree till you firm up your next venture.
Many of the employers do not want bad publicity, litigation………………………….and even agree to allow to remain at home and extend date of termination/resignation thus separation and issue relieving letter accordingly……………………….
Explore the possibilities………………
-------“ the company forcing me to give resignation on letter otherwise company going to terminated me without any reason”
Employee should record such transactions (audio/visual) and keep witness/evidence……………….
Coercing, forcing, pressurizing the employee to write his own termination, extracting resignation with force can be termed offence………………….Your lawyer may advice that you can lodge criminal complaint against offenders by name…………..
--------“ Isnt this a case of arm twisting tactics by the company in order to force employees to submission resignation letter with unfair practices ?”
What exactly is the reason for termination? You alone would know it better than any one else.
Do you want termination order?
If you are not able to prove in court of law that you are covered as ‘Workman’ as in ID Act or for that matter as ‘Employee’ as in Shops and Establishments Act of the state you may not get the award of reinstatement with full back wages…………………………….
In case of civil suite such an award of reinstatement is discretion of the court and looking into the trends it may look like a distant dream……………………………and the matter may get restricted to civil suit for damages……………..
The company shall scream for ‘Specific Relief Act’……………………….Master-Servant Relationship……………………..and that personal contract of service can not be enforced in court of law……………………………jurisdiction of courts exclusively as Redg. office of the company/as inserted in appointment letter…………………………………….
Litigation can be stressful…………………………for many employees…………………..lengthy………..
---------Employee should keep on adding to his qualification, skills, experience and attempt to cross floors……………………………..build assets, deposits and be prepared to venture into something of his own too if the situation demands it.
--------“ it is possible to fight for my right and justice.’
You may approach a competent and experienced labor consultant/service lawyer.
You lawyer may ask you a set of structured questions and can opine that you would be covered under ID Act, Shops and Establishments Act, statue………………………..or not.
The employee covered by such enactments would be covered up to that extent……………………..
Or the extent of relief may depend upon appointment letter……………………………….contract of employment……………….
Although courts have issued stern comments in judgments on ‘Rowdism’ ‘Termination Simpliciter’ { Bhanwarlal And Ors. vs Rajasthan State Road Transport…}
do not get tempted…………………
The company would be happy to ease out the employee it want to discharge by any means …………………………….
The employee should be wise enough………………………………to defend his interest in the best possible maner……………..
and should not get dumped in lengthy court matters………………….
You may weigh the pros and cons……………………and take a qualified decision.
The termination without any reason/inquiry………………….may prove to be a bad order.
If you decide to agitate do your home work and seek a lawyer's opinion..........................
Let your lawyer’s opinion that has seen all of your docs and has analyzed the merits be final.
Valuable advice of learned experts/members is sought.
