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Subu (Software Engineer)     16 April 2014

Delaying in giving offer

Hi all, am worked as a contract employee in a MNC from May 2013. On February 2014, HR team contacted me and told me that they are offering permanent employment and ask me to relieve  from my consultant company, so that they can process the offer. On  March 20, 2014 i relieved from my consultant, but they are not giving the offer till date. As am relieved am in loss of pay  and also am not able to answer other offers. kindly suggest me what should i do. 



Learning

 5 Replies

Sudhir Kumar, Advocate (Advocate)     16 April 2014

as long as offer is not issued and employee doe snot join the employee employer relation is not created.

 

The matter is therefore not of labour law rather of contract law only.

1 Like

Kumar Doab (FIN)     16 April 2014

You have resigned from current employment on verbal offer?

You have made a blunder mistake.

Write to them narrating each incidence date wise, mentioning names and minutes of meeting, demand appointment letter and joining immediately.

Try and obtain a written answer confirming that you were offered and asked to resign from current employment or record (audio/visual).

 

It is also possible that position offered to you has been cancelled or given to some one else!

If yes do not trust these HR personnel ever again in future.

 

Do not decline other offers.

Vikas Jain (Advocate)     16 April 2014

I request Sudhir Kumar Sir , to kindly go through the Draft of Police Complain, which i have drafted and correct me in the inputs accordingly .

 

 

Date: ___________________

 

To, 

Police Inspector,

Shri Baijnath S. Latpate,

PS: Nandgaon Peth 

Amravati,

Maharashtra  

Ph: 0721 2384267

 

 

Sub: Application under section 154 CR.P.C. read with 156 (1) of CR.P.C for information relating to the Commission of a Cognizable Offence under section 441 & 427 I.P.C.

 

Sir,

 

The aforementioned Complainant Mr. _________, S/o ___________, presently residing at ______, most respectfully Showeth and state as under: 

 

I) That the Complainant had purchased a plot of 3160 sq. foots bearing Survey No 49/2 of  Plot no 50, situated at Village Navsari, Taluka & District Amravati, on behalf of Tirupati Apartment from Shri Ramesh Bansilal Sharda , residing at Old Badnera Road, Ashish Colony , Taluka & District Amravati. 

II) That there was a lawful consideration, between the Complainant / Buyer and the Seller for the abovementioned plot and both the parties entered into a valid contract.  Further both the parties executed a Sale-Deed on Dated 18-04-2011, before the Joint Sub Registrar’s Class II, and the aforesaid Sale- Deed was duly registered in the office of Joint Sub Registrar’s Class II, subsequent to which the Title of the said plot was converted in the Complainant’s name.  Exh. -  01 (Colly). 

III) That the mutation entry was inserted by the Talati of the concerned village, from the name of the Seller of the plot, in the name of the Complainant / Buyer, in Village Form No 02 on dated 18-05-2011. Exh. - 02

IV) That the Complainant / Buyer and the Seller for the abovementioned plot executed the Sale-Deed which was  duly signed by both the competent parties and was also signed by TWO witnesses i.e. Mr. Anil M. Sahu residing at Ratanganj, Amravati & Mr. Sanjay M. Deshmukh residing at Vidhutnagar , Amravati. 

V) That both the abovementioned witnesses are the Property Dealers  are the Agents of  Seller of the Plot, who  persuaded the Complainant /Buyer , for purchasing the aforesaid Plot.   

VI) That by virtue of the aforesaid Sale-Deed executed on 18-04-20114, between the Complainant /Buyer  and Seller, the Seller of the Plot has solemnly affirmed that the said Plot is free from all kind of encumbrances such as , Sale , Mortgage, Gift, Will, Line , Litigation , Disputes , Lease, Loan, Acquisition etc. It was also solemnly affirmed by the Seller of the Plot that any such disputes arising out of the said Plot shall be binding to him and the Seller of the said plot shall be solely responsible for the consequences arising therein. 

VII) That the Complainant / Buyer of the said plot was suddenly informed by one of its family relative on Telephone, that the said plot illegally Encroached by one of the assailant on 02-04-2014. The said information was given to the Complainant / Buyer on 11-04-2014 around 1900 hrs.  

VIII) That the Complainant / Buyer of the said plot was outraged and shocked to gather the information , related to his Plot which was  so capriciously been fenced with cement poles and wires by some Land grabber within the vicinity of the plot. 

IX) That on receiving the information of such an illegal encroachment, on investigating the matter it was derived that Mr. _______________________________________________, residing at __________________________________________, has done the illegal encroachment. 

 

PRAYER:

 

In view of the above facts and circumstances it is most respectfully prayed that 

1) Immediate cognizance to be taken against the Illegal encroacher of the said plot under section 341, 447, and 506 of The Indian Penal Code. 

2) Summon the TWO witnesses of the Plot and they be charged for the offence committed under section 418 of The Indian Penal Code.

3) Summon the Seller of the plot and they be charged for the offence committed under section 420 of The Indian Penal Code.

4) Summon to all involved and interested person in the dealing of the said plot and they be charged within the allied provisions of Fraudulent, Dishonesty and Cheating, as may deem fit and proper to you.   

 

 

Place: Amravati. 

Date: _____________________ Signature of Complainant / Buyer  

 

 

Copy Forwarded To: 

1) O/o Deputy Commissioner of Police Amravati Shri Sanjay Latkar - Amravati

2) O/o Superintendent of Police   Dr. Suresh Kumar – Amravati 

Subu (Software Engineer)     16 April 2014

Thank you for your kind replies Sudhir and Kumar . I dont have any confirmation mail in my personal mail id. All is in my company mail id. As they said its a contract to permanent employment conversion process , i can join on the next day.so i didn't backup any mail to my personal mail.I do have the conversations with HR personals after that in my personal mail ID. As its getting delayed am losing a months pay. Is that enough process legally , if anything happens uncertain. 

Kumar Doab (FIN)     16 April 2014

The email in company's official email id (both sender and recipient) is evidence on record.

The company can provide it. The sender can't decline having sent it.

The personal email id conversations may be shown to your lawyer.

You need a real smart and god lawyer. He may opine these are sufficient.

Meet a lawyer/law firm handling service matters/criminal complaints/IT/Cyber law cases in person for assessment of merits.

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