Employment denied due to illness

If there are financial issues you may seek Free Legal Aid.

 

You may also seek support from seasoned employee’s/trade unions.

 

How and on what basis have you arrived at conclusion that you shall not be covered by the def. of ‘Workman’ as in ID Act, ‘Employee’ as in Shops & Estbs Act…..?

Has lawyer contacted by you asserted it?

Did you lawyer examine your duties on record?

 

While posting such queries employee should post basic information! What is this establishment; 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?

 

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?

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

Has the establishment issued/supplied, salary slips of all months, PF number and a/c slips of all years, ESIC card, Form16, acknowledgment of handover of charge/assets, NOC/NDC etc etc, acceptance of notice of resignation/final resignation?

 

 

 

 

 

Sir the people at labour off whr helpful and also called a seasoned labour lawyer to reference. He had gone thru my documents and post that suggested civil court is the right authority. Basis 5 digit salary and the responsibility of hiring people and sanctions authority of leaves along wt other authorities. Sir i had been employed as BM wt one of affordable housing co. Its an NBFC wt close to 1400 employees strength. Main floater parent company is 1 of housing majors in market. However he raised 1 concern that i had given in just 2 months of service.

Originally posted by : deandj
	Sir the people at labour off whr helpful and also called a seasoned labour lawyer to reference. He had gone thru my documents and post that suggested civil court is the right authority. Basis 5 digit salary and the responsibility of hiring people and sanctions authority of leaves along wt other authorities. Sir i had been employed as BM wt one of affordable housing co. Its an NBFC wt close to 1400 employees strength. Main floater parent company is 1 of housing majors in market. However he raised 1 concern that i had given in just 2 months of service.

'i had given in i had given in just 2 months of service.'

 

How did you give in  just 2 months of service?

In writing?

 

What is the opinion of the counsel on coverage under 'Shops & Estbs Act' and police complaint thought of by you and also on contents in file of commuications exchanged between both parties?

 

Of course sir not in writing as mine was new branch and i was bm so i have to move in market. Put mouth publicity, i have attended customer meetings and closed on some agencies for rendering loan business. I had to be out on field with my people. Since mine was new branch and under renovations so most of times v have to meet at hotels or travel all way to our HO for official formalities. Sir police complaints came to my mind as my resignation letter seems to be fraudly manipulated wt my sign. I have never lended any resignation any time nor i have signed on any blank paper. For past 2 days i m seeking ccopy of same frm my CEO but now it seems ths all event has his concurrence too. Hence i sought guidance thru ur form whether this act of imitating sign can be brought to police notice. Isn't this a fraud activity causing loss and damage to one person. Also the duration as mentioned on the letter has that period when i was under chemo and radiation therapies.

Complaint of fraud/fardulent act can be made.

The state of Maharashtra used to arrange informal meeting between employer-employee as in your case where employee is not covered as 'Workman'.

Check in O/o DLC.

CHeck on other parameters also as pointed above.

Sir what is o/o Dlc

Dy.Labor Commissioner.

Get in touch with seasoned employee's/trade union leaders.

Unions in Maharashtra have traditionally been strong.

You have been very appropriately advised up there.

Indeed the act of manipulating/implementing your signatures on your document are illegal and the same can be complained about to the Police. So while you still gather more information, facts and legal backing behind your main civil case, you can atleast file this complaint with the police and you can appropriately use this in your main suit when it gets running before the Court.

As to the stress of consulting a lawyer, I can probably understand as you're not very financially sound and it is almost like handing over your fate when hiring a counsel and it is only reasonable enough to be cautious about the same. Hence, enquire around amongst your contacts, see if you can find out any trustworthy legal counsel, get 2nd opinions and then have faith in whichever counsel you select and hopefully it shall work.

Right sir. Wt grace of god i have some good relationship in market wt my old customers. I have been referred a councel but unfortunately he is travelling and available by 5 aug. Hence i have to wait till then as my situation is well conveyed to him by my reference. Even in meanwhile i m too getting opinion on filing police complaints as this act of manipulating is purposely done to cause damage and loss to me.

Thanks for agreeing Mr. Arjun Kohli.

Being a private establishment and commercial one it might be under the purview of Bombay Shops & Estbs Act and has to submit various registers prescribed under Bombay Shops & Estbs Rules......................inlcuding employees that have joined/left...

 

While Bombay Shops & Estbs can be accessed thru Inspectorate?Dept of Labor  website, Google the rules might have to be purchased from market.

It might be possible to pursue RTI route thru Inspectorate.......

Right sir shop and est was valid for ur unit. I believe most of this act may have common clauses. If sm known can guide us thru or put some light abut this act. Also sir i have been very politely seeking a copy of my resignation. As per process employee also needs to have a copy of resignation. Whether u put it in writing/mail. What surprises thy never bother to reply. However i m creating end no of mails on daily basis seeking feedback/ response. Right frm dec2016 till date my outbox may have not less then 80 mails and equal amt of sms. But shockingly nt a single revert.

Don't write SMS language/short words.