Sai Sankar M 14 August 2015

Defamation case against my employers

Sirs, I have worked for 5 years wirh a cooperative bank as Computer Operator. Initially for a period of 3 yrs worked with the bank and after for 2 yrs with an outsourcing agency as the bank itself transferred me in to the outsourcing agency without any termination orders. Now the contract with the outsourcing agency is also terminated because there is no permission for the contract from the higher financing agencies.All of a sudden the outsourcing agency withdrawn from service and we have lost our livelihood At any stage there is no prior intimation about the termination either from the Bank side or from the outsourcing agency side. As per the GO issued by the Govt. of AP salary for a Computer Operator is Rs.9500 p.m. But my salary is fixed as Rs.7000 p.m. Moreover on records the bank and the outsourcing agency showing my salary as Rs.8428 p.m. The service charge per head is 3%. I do not know in whose pockets the remaining Rs.1200 is going. I have been removed even though there is Status Quo on my employment issued by the Hon'ble High Court of Andhra Pradesh. Now my question is in the light of the above can I file a Defamation case and ask for compensation from my present and previous employers? as I have been underpaid for the last 5 years and suddenly removed without serving any notices. Kindly help me. Thanking you.

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3 Replies

Adv Rohit Dalmia 9324538481 (Lawyer) 14 August 2015

You may serve a legal notice to your employers. in case they do not give you the payment and re-instate your job then you may approach the labour commissioner office for the same in writing a complaint to the labour commissioner. Commissioner will look into it and shall issue the summons to the employers for their say and thereafter shall pass necessary orders.

Regards

Adv. Rohit M. Dalmia

9324538481

Mumbai

Kumar Doab (FIN) 14 August 2015

There are many loopholes, blanks in your post?

Who appointed you; Co-Op bank or some else? Did it issue any appointment letter, salary slips,Form16,PF a/c number, ESIC card, I.Card etc? It is necessary to understand who employed you and how? Do you have any evidence of employer-employee relationship with Co-OP bank?

Did the bank issue any transfer/deputation order to depute/transfer to outsourcing agency? Did it issue any appointment letter, salary slips,Form16, PF a/c number, ESIC card, I.Card etc? Who paid your salary: Bank or Outsourcing agency?

What is this establishment (both co-op society/agency) registered as: Commercial, Co-Op society? (Even a bank/society for private gains might be covered as commercial establishment!)

What is its (both co-op society/agency) line of business: IT, ITeS, banking etc?

How many maximum persons are employed in it at any point of time, before and after your joining (both co-op society/agency)?

The Redg Office, Corporate Office of the company, and your reporting office was located in which state (both co-op society/agency)?

What was your designation and nature of duties (both co-op society/agency)?

Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy, transfer/deputation policy that are mentioned in the appointment letter (both co-op society/agency)?

What was your monthly salary (both co-op society/agency)?

Do you have GO issued by the Govt. of AP salary for a Computer Operator is Rs.9500 p.m.? Is the post covered under Min.Wages Act?

How do you claim that your salary shown on record was Rs………..and actually paid to you is Rs………….? If you evidence then it is fraud and offence!

Was any appointment letter, salary slip of each month, PF number with a/c slips, ESIC card, Form16 given to you?

Are you a member of any employee’s/Trade Unions?

Sai Sankar M 14 August 2015

Frankly speaking not just mine over 48 appointments are irregular. In those 48 persons 4 persons services are regularised, 4 persons are put on minimum pay scale i.e., Rs.9000 p.m. and they are entitled for ESI PF and DA only not any other statutory benefits. 4 persons are put on consolidated pay i.e., Rs 7000 p.m and no PF, ESI. and the remaining persons including me put on Outsourcing for 7000 p.m. with PF and ESI deductions. The Bank while appointing me issued appointment letter and the salary was mentioned in that letter as Rs 150/- per day. No statutory benefits. But before transferring all of us the Bank did not give termination order. The Outsourcing agency given appointment letter and salary was not mentioned in that letter. No salary break up in the appointment. We have been given PF a/cs and ESI cards. We have not signed on the agreement papers. Our salary is paying by the Outsourcing Agency. Overall this agreement is not valid as this agreement was made behind the closed doors. Upto 2012 the Bank has never recruited employees through direct recruitment mode such like IBPS. 90% of the recruitment was made on humanitarian grounds and through emploee referrals. I was also joied in such manner.