Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Suman Dhar (Asstt Manager (F&A))     23 July 2016

Harassment by employer and not releasing salary pf

1. In the month of April 2016, I meet with the Company Secretary & I/c GM(F&A) regarding my F&F Settlement & CPF withdrawal and she has assured me that it will be completed within the short time as she needed the approval of competent authority. 2. As per the Clause No. 7 in the Letter of Contract of my service, I have served 30 days notice period after submitting my resignation letter (10th Sept 2015 to 9 2015), but I yet to received my pending salary as well as arrear salary. Then In-Charge & Assistant Manager (Mech) forwarded the registration letter to the Management on the same date (10th Sept 2015) as I submitted my resignation letter through the then In-charge. 3. After tendering my resignation on the above mentioned date, on 24th of Sept 2015, I was handed over the charges to the then In-charge & Assistant Manager (Mech) in written and prima facia he forwarded the same to HO for needful. 4. On my last working day after sanction of EL application (from 28th Sept 2015 to 9th Oct 2015), I had a talk with Executive Director and he informed me over the telephone, we, the contractual employee are not eligible for release letter beside we may have a accounts settlement from concern department after approval of competent authority which may take time. Further, I could not able to setup my ledger in office due to some bills are pending for approval from HO level during that time. 5. I had sent the claim for withdrawal of PF benefit thrice, last on 25th of April 2016 which was yet to submitted to concern department for release of statutory claims. 6. I think that after completion of 30 days notice period, when I was not working in your company, there might be no legal terms between us, whatsoever the company issued a Show Cause Notice to me after 23 days (2nd Nov 2015) of expiry of the terms of contract with the time frame as 24 hours of written clarification. 7. After receiving Show Cause, I received a Memorandum on 20th June 2016 with a proposal to perusing the disciplinary action against me under CDA Rule. As per the CDA Rule as well as Labour Act (Contract), I am not an employee of that company as I have left the company before 9 months so there was no legal relationship between us. I am unable to understand why company has sent me this Memorandum to my permanent address instead of sending in my communication /email address which is known by all officials. That means intentionally some officials try to get some undue advantage of non-replying within the time also create some uncomfortable situation to me. It is pertained to mention that the Officials having the intention to harass me without any substantiate documents whereas my work was bonafide by the management and other stakeholders also during that tenure. The clarification or reply of said Memorandum has been dispatched on 4th of July 2016 through email and the hard copy was send through speed post. 8. Sr. Zonal Manager has assigned to conduct an enquiry against me whereas everyone of the company knows about the bitter relationship between us. Hence, I am not ready to attain any enquiry where the said officer is involved and it is pertained to mention that the activity done by Sr. Zonal Manager for his personal interest and personal revenge against me. I have the all documents regarding his corruption. I left my job before 9 months with a good work record and relationship with the company and now it’s tuned for other angle. I am now harassing a lot and suffer financially also. Please suggest.


Learning

 6 Replies

Rohit Sahu   23 July 2016

Query too long. Besides, my suggestion is that whatever the bitterness in your relation you felt throughout your service will not render anyone to withhold your pf since that is your property. Seek a good service lawyer.

JustAdvisor (IT)     23 July 2016

whenever there is such a long query, please use formatting, paragraphs, etc. it is very difficult to comprehend your query the way it is written.

Kumar Doab (FIN)     23 July 2016

If you can establish that whole act is stinking with malice and everyone knows it then everyone is to face inquiry.

 

The momment employee has resigned employee has ended the employer-employee relatinship.

Apparently your resignation has been accepted and you have been relieved.

 

Then how come Domestic Inquiry!

 

It shall be certainly appropriate if instead of generic advise you prefer a considered opinion after due examination of all docs on record and inputs.

 

Find a very able counsel specializing in Labor/Service Matters and spend quality time with your counsel.

 

The PF is being managed by EPFO or approved trust?

 

The unpaid wages are debt on employer!

 

 

 

 

 

 

 

 

Suman Dhar (Asstt Manager (F&A))     24 July 2016

Thanks for suggestions. Pf was managed by EPFO. Should i write a formal letter stating all the mentioned facts. Or i write directly to other Sr Administrator to the ministry as this Corporation is a govt of India enterprise under ministry of doner. Pls suggest..another option may be, to file a petitions to the courts because i face a problem regarding good service matter specialist in Siliguri, Wb. If anyone have the ref. Pls provide the cont.

Kumar Doab (FIN)     25 July 2016

You may approach LCI Expert Mr. Devajyoti Barman. He is from West Bengal and may agree to help you.

Sudhir Kumar, Advocate (Advocate)     25 July 2016

come specific with problem


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register