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Harshith Murthy   09 August 2018

Can i file a case against company or send them a legal notice

I started my career as a fresher in one of the recruitment company where there was bond for 18months.. I completed my 1 year and after that I could not complete my bond due to some personal reasons , I gave the company a resignation and also the director has accepted the resignation but later HR didn't not provide me reliving letter even after serving them notice period as well I was working for more than 1year.. they provided the reliving letter for other people who was having bond as well as the people who have been absconded , this people worked for 8 months and 6 months they got the papers. But me being 1 year I didn't get the papers where the HR was giving reasons. I do have all the proofs of the employee who got reliving letter and absconded people reliving letter with msgs proof also ..

Can I file a case against them?
OrĀ 
Please do suggest me..


Learning

 10 Replies

Jamal Sait   09 August 2018

First send legal notice providing sufficient time to hand over reliving letter. if they fail to act then u can file a civil suit to order the company to give R.letter. compensation due to loss if income due to act of company can also be claimed
1 Like

Jamal Sait   09 August 2018

First send legal notice providing sufficient time to hand over reliving letter. if they fail to act then u can file a civil suit to order the company to give R.letter. compensation due to loss if income due to act of company can also be claimed

Kumar Doab (FIN)     09 August 2018

IT is good to see above post by Mr.  Jamal Sait.

The employee can stake such claim and court can award damages/compensation.

Courts have provided relief, relieving letter, and damages/compensation to employee in lacs and establishments/employers have to pay.

1 Like

Kumar Doab (FIN)     09 August 2018

While posting such queries employee should post basic information!

What is this establishment; Govt, private, Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

 

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

You may revert to relevant points.

Name of company etc is not required so don’t post names etc .

 

1 Like

Kumar Doab (FIN)     09 August 2018

 

Relieving letter signifies that employee has resigned/separated and nothing is due against employee.

Resignation has been accepted in writing?

Do you have copy, POD, acknowledgment of notice of resignation/resignation?

 Don’t remain entangled with HR personnel and represent to good offices of appointing Authority, MD, CEO, Director ……in writing under proper acknowledgment. If required, meet and handle matter skillfully.

If you are being vindicated (unlike other employees that were provided with relieving letter) by these HR personnel then make these HR personnel popular and kind of blacklisted by community of employees/unions. The director may shunt such HR personnel out and may provide the certificate to you also..

Bond/Service Agreement; did establishment provide any certified training from some certified Instt. That added provided some extra ordinary skills to you or added to your qualification..?

Do you have irrefutable evidences of having lost opportunity of employment, earning source of livelihood.

2 Like

Harshith Murthy   09 August 2018

I have the resignation letter accepted email by the director of the company and I served the notice period, I have the offer letter, payslips and bond agreement, and reliving letter of my batch who was in bond ...

Kumar Doab (FIN)     09 August 2018

If the said Bond was unconcionable/unreasonable/un-enforceable/void then IT cannot succeed ....and enforced..

Like other employees apply your skills and fetch relief for your ownself.

Or approach very able LOCAL counsels as already suggested.

Kumar Doab (FIN)     09 August 2018

There are amny threads on similar query at LCI under thresads, judgments, Files,Articles, that you can search by using SEARCH option

e.g;

 

Article under my Profile;

Prospects of relief from civil courts to Employees that are not covered as 'Workman' and by umbrella of Labor Laws

 

and pick up relevant points..

Harshith Murthy   09 August 2018

sir I need to talk personally.

Kumar Doab (FIN)     10 August 2018

Alongwith elders of family, competent and experienced well wishers, seasoned employee’s/trade union leaders approach a very able LOCAL counsel as already suggested, and become properly informed.

The reasons why you are vindicated are known to you.

Don’t conceal anything from anyone.

Thus they can help you the best.

Keep the option of discussion with good offices open and try to resolve with your skills or skills of your counsels; persuasion, persistence, reasoning, negotiations….(easiest, quickest, most economical recourse)

If matter does not get resolved to your satisfaction and without any adverse effect on you, try to get resolved by officials of;

Grievance Redressal committee  ( might  have been notified in your state)

 State/central Govt (Appropriate Govt as in your case)  as provisions of ID Act ( if you are covered by the def. workman)

Inspectorate of Shosp & Estbs Act (if establishment is covered by the Act and you are covered by the def. of ‘Employee’ as in the Act)

Or Tribunals e.g; Labor Court/CGIT (if you are covered by the def. workman as in ID Act)

Or Inspectorate of Shosp & Estbs Act (if establishment is covered by the Act and you are covered by the def. of ‘Employee’ as in the Act)

Or Civil Courts (if you are not covered as above)..

If establishment has already approached court then contest the matter on merits..preferably under expert advice of a very able LOCAL counsel as already suggested..

Labor/service matters is altogether different field of law and many counsel of unshakable repute and integrity dealing in CIVIL and/or other matters tell the clients point blank that they do not meddle in such matters to go to counsels specializing in Labor/service matters and as such counsels are a few at each LOCATION and are very well known…

Find a counsel at your location.

And/or check if the counsel approached by you has handled such matters successfully..

 


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