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arunish (na)     12 May 2014

False recovery and sending mails to take leagal action

Dear Lawyers Club,

I have informed the employer that I am not well and I could not come to the office. Since my condition was not well, I have informed over the mail to the Employer my tentative date of joining but Employer issued a warning letters and termination letter with the subject "Absconding" to my permanent Address since I was not at my permanent address which causes delay in my responses but still before my termination letter I have forwarded mail to HR that I am coming to office in next 2 weeks on this particular date.

When I reached office they denied any discussion and  wanted me to go out of office apart from it didn`t allow me to take no dues and even didn`t allow me to settle my travel advances. I have been told that HR team will do on behalf of you. I have send my tour details to HR and kept waiting for approvals.

When I kept asking over mail that Please let me know my FnF and give me my No dues they kept forwarding mails between different departments and officers when I escalated to seniors I have been informed that 

"Please understand that you did not bother to resign and leave in a graceful manner. Team is coordinating for your F&F calculation and will inform you about recovery / payable shortly. However, I would like to highlight that one should be more forward looking in such approach as Company may take the stand and not respond to your queries."

1.Now after 18 months they are asking for recovery amount.

2. I kept asking these guys for a month over several mails kindly clears dues let me know accordingly then I have told " company will not respond to your quires.

3. Now they wanted me to submit the bills which they have denied to collect while I left company and now after 18 months due to shifting between the cities bills are missing more over i had submitted the expense report on the day I left company to HR.

4. wanted me to pay for notice period which I never denied to serve but  they themselves converted this case to be absconding whereas I have informed properly.

5. they wanted me to pay back for one month salary. which I have never received.

I was eager to settle everything but they opposed every time. Now I am at himachal in my home town, if they do file a case do I need to go to gurgaon on every hearing as company is in gurgaon.

 

Kindly suggest / Can I hire lawyer online if possible from where and how much will be the expenses.

 

 



Learning

 3 Replies

Kumar Doab (FIN)     12 May 2014

 

What is this establishment; Commercial, Industrial, Small Enterprise?

The company might have displayed its registration certificate near entrance and you can find out from the certificate easily!

YOU were located in which state?

Currently you are located in which state and does this company have an office at your current location?

The redg. office of the company is in which state?

 

 

What is its line of business e.g; IT/ITeS, Banking, Insurance, publishing, engineering etc?

 

What was your designation and nature of duties and has the company explained the duties/KRA’s in job advertisement, interview, offer letter, appointment letter or later in circulars etc and do you have copies?

 

How many employees are employed in it?

 

Are you a member of any employee’s union, trade union?

The above information shall help, hence post it.

 

 

 

First of all let us try to clear the mismatch if any in your post.

 

You have posted that:

 

You were unwell and informed it by email and assured to join by a given date.

 

 

Did the company demand to examine you at your address at that time or did you offer to examine you at your address by company personnel/doctor?

 

Were you not available at your local address as in company’s records  that company had to send all communications to your permanent address?

 

 

Did you inform that during sickness you shall be at your permanent address?

 

 

The company declared you absconding despite having received the intimation of sickness and date by which you can join and terminated you also. Did you challenge or contest the abscondment?

 

If company issued termination order then how come the question of ‘Resignation’ by you and ‘Payment o notice pay’ from you has arisen?

 

Did you resign at all?           

 

Do you have record of sickness, doctor’s advice of bed rest, supporting diagnostic reports etc and di you submit leave application supported by docs?

 

 

You have supplied the tour expense report but not the bills and company has apparently demanded the bills.

 

You have to send the bills if this is in policy related to reimbursement of tour expenses hence you may obtain the duplicate bills authenticated by vendor with seal and signature and substantiated by receipt of payment in caskby card/by cheque etc………………..

 

 

Or you may submit whatsoever bills that you have!

 

The company has although stated in writing that “Company may take the stand and not respond to your queries." But company and employer can not take such a stand.

The person who has signed/sent such communication is out of his mind and his conduct is bad.

 

The unpaid amounts are debt on employer, and can be recovered.

 

The communications that employer has sent to your permanent address and replies that you have sent, other communications that you exchanged need to be carefully analyzed for drawing an action plan and also to structure and draft final notice to good offices of appointing authority, MD, Chairman……………….

 

 

Has the company supplied you FNF statement showing computations of all payables by you, and by company and thus net amounts that are payable by you or by company? If NO demand it in writing. If yes and if it is incorrect then decline to accept it in writing.

 

 

It shall be appropriate to consult along with elders in the family, a competent and experienced labor consultant/service lawyer and put the things in order (prepare a narrative of all incidences date wise) and cover the defects that might have been left by you. You should not conceal anything from your lawyer. Your lawyer or union leader or your authorized representative can represent you.

 

Your lawyer may opine that ‘Termination Order’ is bad and should be called back and the compensation if any that you can claim.

 

 

    

 

 

 

 

 

1 Like

arunish (na)     12 May 2014

Dear Sir,

Thanks for your reply....

Answering your quires as much possible

This is Public limited Company having registered office in gurgaon (Haryana). I was working there.

I am in state Himachal Pradesh as of now.

This Company does not office in Himachal Pradesh.

This company belongs to Telecomunication domain patriculary VAS Company worked globally.

Yes I have the copies with me of KRA/Offer Letter etc...

It has employee around 1200

--------------------------------------------

Neither Company demanded to examine me or neither I have asked company to examine me.

What ever communication we had I am enclosing below regarding this notification:--

First mail is at bottom and latest mail is at the top:--

Hi Ankur

 

Please see mail from Arunish, he is ready to come back.

 

Please close the discussion with Pankaj & Arunish and let me know final call on this.

 

Regards

Vikas

 

 

-----Original Message-----

From: Arunish Attri

Sent: 31 October 2012 11:16

To: Vikas_Kumar

Subject: FW: sick leave(PFYI)

 

Dear Vikas,

 

I have received a Hard Copy of letter from you for Absconding but I have informed for my sickness to my Manager and Bu HR (Below is the mail for reference).

 

I was not aware if I have to inform to you too. I require two weeks to recover from my health I will be back to my work by 15th Nov 2012.

 

Please allow me two weeks time so that I can regain my health fully otherwise I may get sick again.

 

Regards

Arunish

 

-----Original Message-----

From: Pankaj Sharma

Sent: Saturday, September 22, 2012 11:06 PM

To: Arunish Attri

Cc: Ankur Choudhary

Subject: RE: sick leave

 

Dear Arunish,

 

Need to discuss this once you are back.  

 

Regards

Pankaj Sharma

 

 

 

-----Original Message-----

From: Arunish Attri

Sent: 22 September 2012 22:58

To: Pankaj Sharma; Ankur Choudhary

Subject: RE: sick leave

 

Dear Sir,

 

For your information my typhoid is later joined by jaundice and my kind request you to please approve my leave extension.

My Tentative date for joining office will be first week of November.

 

Regards,

Arunish Attri

________________________________________

From: Pankaj Sharma

Sent: Friday, September 14, 2012 10:46 PM

To: Arunish Attri; Ankur Choudhary

Subject: Re: sick leave

 

Adding BU HR also in mail for information.

 

 

Regards

Pankaj Sharma

 

 

----- Original Message -----

From: Pankaj Sharma

Sent: Tuesday, September 11, 2012 05:54 PM

To: Arunish Attri

Subject: RE: sick leave

 

Dear Arunish,

 

I am still expecting a call from you. This is not at all accepted. You know the importance of availability of the person in our team.

 

There is no update on the task given to you. Even your mobile is switched off from last 4 days. This kind of irresponsibility is not acceptable. Please take this mail as an official warning.

 

Whenever you see this mail, call me to discuss.

 

Regards

Pankaj Sharma

 

 

 

-----Original Message-----

From: Pankaj Sharma

Sent: 10 September 2012 10:07

To: Arunish Attri

Subject: RE: sick leave

 

Please speak to me.

 

-----Original Message-----

From: Arunish Attri

Sent: 10 September 2012 10:02

To: Pankaj Sharma; Arunish Attri

Subject: sick leave

 

dear sir

 

i had fever from last few days its been detected typhoid.

 

Sent from my Olive Pad

I was not at the local add given in company but I haven`t informed that I will be at permanent address.

I have challanged declaring myself as absconding by mail pasted below:--

Dear Vikas,

 

I have received a Hard Copy of letter from you for Absconding but I have informed for my sickness to my Manager and Bu HR (Below is the mail for reference).

 

I was not aware if I have to inform to you too. I require two weeks to recover from my health I will be back to my work by 15th Nov 2012.

 

Please allow me two weeks time so that I can regain my health fully otherwise I may get sick again.

 

Regards

 

Arunish

---------------------------------------------------------

It was travell to nigeria and bills are related to fooding, Lodging, Travelling to office and back to guest house, its like DA. I could try but it may take very long time to connect with guys in nigieria.

I have travelled and installed servers there and working properly even now there.

 I am enclosing the mails for travell settlement:

When I was in the company on last day without looking the consequences deleted my account in company which left me with no option. Then they had meeting what to do and told me to send to us we will get approved it. below is mail ( They had themselves tried to make complicated)

1st mail

Dear HrSd,

 

Please submit my travel settlement claim to Travel Finance after necessary approvals.

 

Regards

Arunish Attri

 

HRSD replied:-

 

Dear Pankaj/Ankur,

 

As intimated day before, Arunish’s travel reimbursements need to be done offline. Attached is the same. We request you to provide your clearance and share the same with us in order to close his FnF.

 

Regards,

HRSD

 

pankaj replied:--

 

Keeping PM in loop as it is for project visit.

 

Also, we will need evidence mail/communication/receipt of charges shown as transaction completed without getting money.

 

Regards

Pankaj Sharma

 

Pankaj is asking for reciept whereas he has been notified and finance team also many times but again delibrately asking for mail commnication.

 

I had sent the message:--

 

Dear ALL,
 
Please bring this issue to closure. 
 
All required communication is pre-shared with concerned departments. Attaching again asked mail communication.
 
Regards
Arunish Attri
 
For Medical:--
 
I had and wished to submit to the company but they wanted me to go out of company.
 
Apart form this I have kept asking many times to bring this to closure submitted around 10/15 mails and be in touch with these guys for 4 months. 
Now all of sudden they get activated.
 
They have send me report over mail that is:--
 
 *Salary Payable Nov-12            (62,571)    Income Tax                    -
Basic                     -    PF                    -
HRA                     -    VBS                    -
Spl Allow                     -    Notice Period- 60 days            74,956
Driver                     -    Food coupons                    -
Food Coupons                     -    Tour Advance          404,898
Leave Encashment-24 Days             12,000   TAB Recovery 12000
LTA                     -      
Medical                     -      
Joining Bonus           (30,000)      
Var. Adv.                     -      
Ex-Gratia                     -      
Petrol                     -      
 ACADEM. PUR                      -      
 Books                      -      
 Total Earninigs           (80,571)    Total Deductions         491,854
           
 Net to Pay:         (572,425)      
 
 
----------------------------------------------------------------------------------------------------------------
 
Apart from this my career is badly affected due to this very difficult to get good job without experience letter.
These guys have sent me abroad on expired Invitation letter written in french to camroon(Africa) and few days earlier they had done same with another guy who any how get thorugh it by client intevention but in my case I was kept at police booth. 
 
They haven`t informed me about the expiry of inviatation letter and what happend with guy who had been in same situation few days back.
 
Now They have company legal team sending me mails settel this amount or legal team will take the case.
 

Kumar Doab (FIN)     13 May 2014

 

Block emails at your email id and instruct them to send letters including the computation sheet (FnF) under original seal and signature by Redg. AD only including the notices etc from legal team.

 

Your lawyer may opine that if communications/ termination order/legal notice/recovery notice are supplied at your permanent address then you may succeed to file case at your address.

 

However you may obtain opinion on it in person from your lawyer.

 

You have informed sickness on 10th Sep2012 you have informed sickness due to Typhoid and on 10th ,11th you are being asked to speak on phone. Typhoid and Jaundice do need bed rest and person may be incapacitated for doing office work. You have informed that you shall be at your permanent address for treatment and recuperation. If you did not submit or if they did not accept leave application with medical certificate, lab reports etc then you should explain this point in writing and attach copies and conclude that you has carried these to office on dated……………... Keep the originals with seal and signature of doctor in your file.

You should also cover that you had carried all original bills to office. Rest let your lawyer cover for you.

 

DA can be with Bills/without Bills. If it was without Bills then demand of Bills is unjustified, unreasonable. Relate with expense reimbursement policy.

 

Relate sick leave eligibility with clause on sick leave in Leave Policy of the company.

The leave policy of the company can not be inferior to the provision of the enactments applicable to the company e.g

 

Factory Act, ( Name of the state) Shops and Commercial Establishments Act, SMALL ENTERPRISES (EMPLOYMENT RELATIONS) ACT.

 

The leave policy of the company can provide superior benefits as per its certified standing orders (CSO), bilateral agreements/negotiated settlements with employees.

 

The company has to pay the wages and grant leave, encash leave till last day you were in company.

 

Probably it has not approved the sick leave ( without stating so clearly in writing), declared you absconding despite that you had informed sickness, replied to the communications (although during bed rest it is not required).

 

Service Certificate is to be issued to all employees.

 

You can ask for copy of your service card from company or thru o/o labor Commissioner.

 

Since your employability die to false charge of abscondment and termination is being affected you can persue to call it back.

 

YOU can certainly agitate on sending you abroad on expired letter and throwing you to the mercy of police and probable consequences of imprisonment in a foreign/alien land as per laws of that land.

 

The Dept/office (within the company) where you were located might be covered by Punjab Shops and Commercial Establishments Act ( Haryana follows Punjab Shops and Commercial Establishments Act). Your company might have also registered under Punjab Shops and Commercial Establishments Act . You need to check and confirm.

 

You might be covered by def. of ‘Employee’ as in this Act.

 

If yes you can approach Inspector appointed under this Act.

 

Standing orders might be applicable to the establishment and might be certified also and your designation might be covered.

 The employer has to supply the certified copy to employee even if against a nominal charge say Rs.10/, and display these on notice board too.

 

Employee or anyone can also obtain certified copy from CO

(Certifying Officer that might be DLC in o/o Labor Commissioner at Gurgaon) against a nominal charge say Rs3/page…………

 

If standing Orders are not certified Model Standing Orders shall apply.

 

You may submit RTI if required.

 

Your lawyer may opine that you are covered as’ Workman’ as in ID Act.

 

Labor/service law is altogether different field of law and in each city there are few lawyers that are experts in this field and usually all such cases are referred to them.

 

YOU can consult any such lawyer in Himachal also or at your current location.

 

Your colleagues, friends, near and dear ones, relatives can guide you to a competent and experienced lawyer.

Dist. Bar Association (DBA) in each city maintains its website and President/Sec./Office Bearers can guide you to such lawyer(s).

 

If you wish you can search LCI databank at:

 

https://www.lawyersclubindia.com/lawyers_search/#.U3IFNkeBmXU

 

 

You may go thru:

 

Model Standing Orders:Sec:9,10,11,13,14, 15,16,17,18………..

 

Punjab Shops and Commercial Establishments Act (and also Punjab Shops and Commercial Establishments Rules): Sec 2(iv,vi,vii,viii,xv,xvi,xxvii,), 3,4,5,13,14, 16, 17,18,19,20, 21,22,32,

 

It is certain that company shall scream for ‘Master-Servant’ relationship and ‘Specific Relief Act’ and that contract of personal service can’t be enforced in court of law, however your lawyer would know what and how to press.

 

Private/Internal policies of the company can not be law unto themselves and rather have to be in compliance to law of then land.   

 

 

 

 

 

 


Attached File : 118698047 haryana the punjab shops and commercial establishments act and rules.pdf, 118698047 model standing orders industrial employment standing orders rules.pdf downloaded: 80 times
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