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Hardip Singh Panesar   23 July 2020

M/s bhilangana hydro power ltd. - non-payments of gratuity

I Hardip Singh S/o Sh. Kuldeep Singh R/o 3, Rameshwar Nagar, Model Town, Delhi joined M/s Bhilangana Hydro Power Ltd a sister concern of M/s Polyplex Corporation Ltd.

Company Name: Bhilangana Hydro Power Limited

Address:        B – 37, IIIrd Floor, Sector 1, NOIDA – 201301, Gautam Budh Nagar

HO Phone:         0120 4621300

HR Manager: Mr. V. P. Singh, Mb: 9971057637

Details of my employment with Bhilangana Hydro Power Ltd are as under:
Joining Date: 11 June 2007
Location:Village: Ghuttu, Distt:Tehri Gharwal, UK as Manager (M-III)
Transfer to Noida (W.e.f): 01 August 2013 (Via Office Order)
Resignation Submitted:  15 October 2018 (03 Month Notice Period)
Company Issued Acceptance: 21 December 2018
Relieving Date w.e.f: 15 January 2019
(Relieving letter was provided to me in March 2019)

I joined the company on dated 11th July 2007 as Manager (M11) at their site office at Village Ghuttu, District Tehri Garhwal, UK. During my employment, I performed my duty with utmost sincerity and immense devotion and moreover, in recognition of my hard work, the company enhanced my fixed salary and other positioning benefits and promoted me in their Senior grade scale as a Chief Manager and transferred me to their Head Office at the above-mentioned address.

That in October 2018, the Company in very coercions’ manner informed me that my association with the company has been changed into a contractual basis with immediate effects, and my fixed salary and other positioning benefits has been ceased.

As the terms were not acceptable to me, I Therefore submitted my resignation to the HR. Initially, the HR accepted did not accept my resignation and I in clear terms told them that after my notice period (3 Months, i.e 15 Jan 2019) will stop coming to the office. Despite this, the company exploit me for another two-three months (that is till March 2019) and forced me to be in the company on a contractual basis and refused to relieve me on the prescribed date i.e. 15th January 2019.

The company threatens me that if I dare to report their action to any statutory body all my dues will be nullified and if I cooperate and do as they wish then maybe they will release 50% of the amount or will ruin my future, hence with little respect and fear I was forced to work till 25 March 2019 with no pay.

On my repetitive request the HR Manager on 25th March 2019, they relieved me and provided the relieving letter and experience certificate which was backdated to 15th January 2019, on the pretext that I have to sign and accept their terms of final settlement and forced me to sign a blank paper on the pretext that 50% dues will be reimbursed in my account within 7 days.

Till date (ie 23rd July 2020) the company has not paid any amount dues against my

Last Salary (Rs 138000/-)

Gratuity (Rs 330000/-),

Last Travel Bills (Rs 26000/-),

Other Leave Benefits

Totaling to Rs 4,94,000/-.

Now when I call the HR manager he states that all dues have been paid as I have signed the final settlement statement with them (With No Bank Transfer Slip).

I would request you to kindly guide the path further so that the Company is liable to release the dues with interest and the company can penalised appropriately.    

Thanks & Regards

Hardip Singh

H. No 3, Rameshwar Nagar, Model Town III, Delhi - 110009, Mb: 9557790803

Email: hspanesar1977@gmail.com

Enclosed: Appointment Letter, Transfer Letter, and Relieving Cum Experience Letter



 5 Replies

Rajesh Hazra (Mediator Mediation Counsel)     23 July 2020

Hi Hardip,

What was the terms of casual nature as imposed by the company.  What were the terms unacceptable to you?

 

S.K. Mittal Labour Law Advisor   25 July 2020

You can file a claim under Payment of Gratuity Act 1972 before Controlling Authority and Assistant Labour Commissioner, Noida. - S K Mittal Labour & Industrial Lawyer Delhi/NCR 9319956443, 8077779793 skmittal.labourlaw@gmail.com

Hardip Singh Panesar   25 July 2020

Terms were that my 12 years old service (as Chief Manager - Mechanical) will end (by my Resignation). And the Company will issue a Work Contract for a period of (3 Years) showing me as a Consultant. 

Further, they told me that Salary will be compensated in a way that my total earning will increase, but all other benefits such as Family Insurance, Designated Post, EPF, Other benefits which are provided to an employee will seize. Rest all terms will be the same. 

 

Ritesh Maity (Labour Law Advocate)     25 July 2020

1. Immideately inform in writing to your company that they have forcefully obtained a blank piece of paper of certain pretext and this should be immediately returned and should not be missued. You may send a copy of the same informing the police authority. This is just as an abundant caution. May not serve any function at this stage.

2. Now to claim your gratuity.

a. Send form I to your employer and wait for 30 days. 

b. if they do not pay within 30 days, you may file a case in From N before the controlling authority.

3. For outstanding salary, there is separate forum. You cannot claim gratuity and salary before the same forum.  

All communications made should be documented.  

 

Hardip Singh Panesar   27 July 2020

Thanks, will do as stated in your reply. 


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