Vaibhav Bhalwalkar (Software Implementer cum Support) 22 January 2014

Company wants to terminate me, but i don't want to leave

Hi, I am Vaibhav Bhalwalkar From Mumbai

I am have joined at JK Technosoft on December 2012 as Permanent employee as Software implementer,

Later on I was placed to 3rd party organization like on a project of Marico.

(As they had told he JKT is hiring me for the same project but as a permanent employee, & promised me there will be lots of work after this project)

So I have joined on payroll of JKT & was working at client site till March 2013 & it was all India level project, so I ran through all across India.

On March 2013 JKT Told me that Marico project will be finished in this month & They said we will keep you as LWP (Leave Without Pay) for a while Till you join Next Project.

But Later on I realized they have kind of Fooled me because of they Do not had another project till now So as of now My status in JKT is LWP.

But JKT have threaten me After one month from on words March 2013 company said you must resigned or else we will terminate you etc.

But they haven't done till now as I guess there must be some guidelines to terminate an employee.

As a Employee I have asked company to compensate some amount like 2 months salary etc. so that I can resigned.

but as now this is more than 1 year old case, & I am seriously Thinking to get this issue resolved by legal way.

Please suggest me some.

My Email id: Vaibhav.vetport@gmail.com

Contact no. 8976779744

Thank You.

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2 Replies

Kumar Doab (FIN) 22 January 2014

You have posted that:

“On March 2013 JKT Told me that Marico project will be finished in this month & They said we will keep you as LWP (Leave Without Pay) for a while Till you join Next Project.”

“As a Employee I have asked company to compensate some amount like 2 months salary etc. so that I can resigned.’

Did they state so in writing?

Did you sign any application for LWP?

You could have tried for Lay Off Compensation.

“But JKT have threaten me After one month from on words March 2013 company said you must resigned or else we will terminate you etc.”

You are not marking any attendance since last 10 months.

What is your status in the records of the company: on LOP, Absconding/Abstaining/Absenting and therefore terminated?

Such companies are covered by Shops and Commercial establishments Act of the state

You may go thru The Bombay Shops and Establishments Act, 1948:

Sec 38: 3B-B: Application of Industrial Employment (Standing Orders) Act to establishments:

If your establishment is commercial and 50 people have been employed standing orders shall apply.

You may show whatever documents you have to a competent and experience labor consultant/service lawyer and discuss in person to understand the merits.

Designation alone dos not decide employee is covered as ‘Workman’ as in ID Act and as ’Employee’ as in

Shops and Commercial establishments Act.

Your lawyer may opine that you are covered and standing orders are applicable to you.

If you are not covered then the service conditions as in appointment letter, service cods and regulations of the establishment may be looked into.