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murali (srm)     02 April 2012

Illegal termination

Dear Sir,

I Kudapa Murali Mohan was employee in INDIABULLS SECURITIES LTD. working as a Relationship Manager in Sales from April 2006 till ----. My last salary drawn on Aprial month Rs 17840/-with deduction's of tds and EPF.I have been terminated on by the management on 05May 2011.

I used to get incentives based on my performance and directed by company. Since I have got huge incentives in the month of March which has got credited my Head Office directly into my bank account, my superior has asked me to credit back to the amount, failing on which they have threatened to terminate me. As I did not credit the amount back to indiabulls account the company has terminated me with out any intimation or following termination policy.

I have approached the labour court vishakapatnam circle on this issue and the case in pending for hearing.

Company has claimed in court that the workmen does not comes under workmen as per the provisions of Industrial Disputes Act, 1947. and is not governed under the provision of labour laws.

I want to clarify with you that does this case comes under labour law or not. Iam waiting for your valued suggestion.

Regards,
K Murali Mohan
 



Learning

 25 Replies

sunil arya (Advocate)     02 April 2012

Mr. Mohan,

Your employment with Indiabulls shall be governed by written contract between you and Indiabulls. As per the narrated factual events, in case termination letter is not accompanied by a good notice ( refer your written contract) and equivalent pay, an action for damages lies before civil court.

Kumar Doab (FIN)     02 April 2012

Designation alone does not decide employee is a workman or not.

Before choosing to raise demand notice your lawyer must have enquired from you the kind and type of your job and must have assured you and him that you fall under the category of workman. Isn't it?

Briefly it is understood that Relationship Manager of India Bulls does not a frontline sales team reporting to him and he deals with customers to solicit business for the company, and conciliation proceedings are over and a reference is made to labor court.

You may provide all records to your lawyer so as to add force to your case. Company shall tender cause of termination in their reply to labor court.

murali (srm)     10 April 2012

Dear sir

plz look in the attached files.

 

1. offer leter

2. incentive return back  mail

3. civil case detailes.

4.  labour court  submted compnay given reply detalies.

 

 

 


Attached File : 522314377 offer leter.jpg, 522314377 legal notice kanakaraju.rar, 522314377 scan0179.jpg downloaded: 355 times

Kumar Doab (FIN)     10 April 2012

3, 4 are not found in the attachment. Kindly attach again.

In brief you have termed the transfer of funds in your bank a/c (probably salary a/c) as disbursement of incentive while the company has cited the transfer of funds as misappropriation, since you refused to return the amount.

Did the company instruct you to return the amount in writing citing the reason as transferred by error? Did the company issue any show cause notice, legal notice? Did you submit the calculation of incentive along with copy of incentive circular and conclude that amount transferred as precisely calculated amount of incentive? Did the company deny the payment of incentives to you in writing?

You have received the offer letter. Did the company issue any appointment letter?

murali (srm)     12 April 2012

sir

 

3, 4  attached sir.,


Attached File : 736312820 scan0179.jpg, 736312820 scan0181.jpg, 736312820 scan0182.jpg downloaded: 335 times

murali (srm)     12 April 2012

sir

 

 compnay given incentive directly in my bank salery account. every month i receved incentives. this incentive is only big ammount. so my evp asked return back to his.

 

 i attached bank statement and incentive back mail.


Attached File : 736312820 hdfc-1.jpg, 736312820 hdfc-2.jpg, 736312820 incentive back mail.doc downloaded: 268 times

Kumar Doab (FIN)     12 April 2012

In the email Executive VP-Kolkotta has mentioned that you are not eligible for incentive. You need to prove that you are eligible. Therefore you may put up entire record to prove you have matured the deal of the client.

Company has leveled charge of misappropriation in their submission to labor court, police complaint, and mentioned about some annexure.

It shall be appropriate to put up all facts, documents, record, proofs, to your lawyer who has issued legal notice to company and is representing you, so that your lawyer can make out a defense to protect you, and win your case. Your lawyer shall be the best judge on how to proceed.

murali (srm)     13 April 2012

Dear sir

 

i have filed in  this  Case labor court( sub : illegal termination) this Case all most is final stage. and another personal damage case(Sub: misappropriation and Company money  usage ) in civil court. this case is process . and criminal case (sub: wrong affidavit submitted and wrong publications )  this case is processes. i have attached in all proofs.

 

plz advise me i am  going  to right way or wrong way..

 


 

 

 

 

 

 

 

 

Kumar Doab (FIN)     13 April 2012

If you are honest, god is with you. If you have all the records to prove and establish that you have not missappropriated company shall be in trouble. More so indivisuals who have charged you and have published your name as guilty of misspapropriation can be charged in indivisual capacity.

Making a statement or leveling a charge and proving a charge are two different things.

Your comapny has mentioned about some annexures which are not seen.

Your resolve is appreciable.

Apparently company and its executives seem to be pushing it down the throat of an employee which is preturbing. If it is a fact and proved then these indivisuals are not fit to be left to loose around in a civilised society.

There are many posts in this forum also about this company and its executives. It has become a custom to not to provide the rules,terms, clauses, schemes on paper and keep everything in locker and deny the record to employee. Employees should be smart enough to build record in his favor and use it in appropriate forum at appropriate time.

Take care and work closely with your lawyer.

Taking up a case and taking up a cause: At times lawyers do take up a case as a cause. If your lawyer has taken you under his wings you can breathe easily.

murali (srm)     18 April 2012

Dear sir

 

 i  am attached file of  WRITTEN ARGUMENTS SUBMITTED ON LABOUR COURT TODAY.PLZ HELP AND STUDY THIS ARGUMENT.

 


Attached File : 763408314 acl k.murali mohan.doc downloaded: 123 times

Kumar Doab (FIN)     19 April 2012

You have posted that:

--"The head of the 1st respondent by name V.Srinivasa Raju forcibly collected Rs.50,000/- by way of online transfer to his account under threat and coercion that if the appellant has not transfer the 50% of the incentive, he will terminate the appellant from the job. He further stated that he will give half of the amount to 2nd respondent.

The online transfer was made to company a/c or indivisual a/c of V.Srinivasa Raju? If it is indivisual a/c and money has not been transferred to company you can rake up the issue. It shall be appropriate to apply your resourcesand obtain document and details that amount has not been transferred.

--"Even in that amount the 1st respondent forcibly obtained Rs.70,000/-" Once again how this amount was paid?

--"Then the appellant also submitted explanation and inter alia informed him that the 1st respondent already collected Rs.1,20,000/- forcibly stating that he will pay 50% share to him i.e. 2nd respondent." If you have made this statement on record the company is under obligation to conduct and conclude the inquiry. It is a serious matter.

--"Further both the 1st and 2nd respondents harassed the appellant and also not allowed to do his job."

Did the company block your entry and did you report it to appointing authority? If yes you shall have the advantage.

--"Finally on 2.6.2011 the appellant sent e-mail for which the H.R. Department of the 3rd respondent gave reply stating I was separated from the establishment/company." It appears that company did not conduct any inquiry, issued show cause notice, passed on the findings of inquiry. Natural justice is denied.

--"Since the amount credited by the 3rd respondent to the appellant account directly is towards his entitlement of incentive." You may have to prove the entitlement of this incentive. Do you have the record of sales, incentive circular and can you calculate precisely the amounts disbursed to you? Although the comapny has disbursed the amounts after applying TDS, it shall be to your advantage if you can prove the eligibility of incentive.

The hon'ble court shall take learned view of all the facts.

Please keep on updating the developments in forum.

 

"

murali (srm)     25 April 2012

Dear sir.

 

plz finf attched file of compnay WRITTEN ARGUMENTS  in first 3 pags.


Attached File : 972613428 untitled-1.jpg, 972613428 untitled-2.jpg, 972613428 untitled-3.jpg downloaded: 151 times

murali (srm)     25 April 2012

Dear sir.

 

plz finf attched file of compnay WRITTEN ARGUMENTS  in 4,5,6 pags.


Attached File : 972613428 untitled-4.jpg, 972613428 untitled-5.jpg, 972613428 untitled-6.jpg downloaded: 141 times

murali (srm)     25 April 2012

Dear sir.

 

plz finf attched file of compnay WRITTEN ARGUMENTS  in 7,8,9 pages.


Attached File : 972613428 untitled-7.jpg, 972613428 untitled-8.jpg, 972613428 untitled-9.jpg downloaded: 147 times

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