@Sameer,
Keep this thread active and let us attempt to take it to its logical conclusion.
Your posts indicate that you have done your homework and have come to LCI for meaningful and sound legal opinion for valid legal actions that you can take.
I have already posted that you should consult able counsels.
You may contact your counsels without any hesitation.
IT employees are internet/tech savvy and information flies on the wings on internet.
You have posted in your very first post that:
" So I just wanted to know whether I can go for any legal action against manager/organisation as I am having appreciations mails and record of my good work done there."
Are any of such appreciations signed by this good for nothing Manager as well or his/her superiors or HR or Senior Management? If yes then you have an edge.
Before allowing such comments:
""DUE TO FAMILY ISSUES HE WAS NOT ABLE TO CONCENTRATE ON WORK" and for other jobs he should not be allowed to join. ""
it is obligation of employer and its attorneys in Line Management and HR and legal to check and recheck the validity of such comments...................................in addition to various other reasons .......................................... the top reason being that such comments expose the establishment to litigation and consequences of litigation.
Did this manager of anyone issue any stinker/memo/notice/show cause notice etc that you are unable to focus on your job or you are unable to deliver or puting question mark on KRA's/deliverables?
If NO: then why such comments in personnel files/service card, after you have left?
The question have been raised on private and govt sector..............................There are judgments that ACR and adverse comments should be supplied to employee well in time.
The company has policy on re-employment rather it encourages to re-employ.
Thus anyone from community of Ex-Employee’s can hope in on company’s train.
Anyone that resorts to unfair methods to thwart by blacklisting can be sued on this count as well…………………….be it your Ex.Manager.
Sometimes the chair goes to the Head and addle the wits. The owners/promoters are quick to realize the pros and cons and remove such personnel from headcount.
This manager is not your employer and is just another employee in the company.
If you have evidence and proper support then you can for sure establish that the comments are willful, intentional to render you unemployable in past employer and other employers.............
You may escalate to good offices of appointing authority,MD,Chairman and founder/mentor Mr.Murthy.
In IT/ITeS Sector the employee's/Trade Unions have done a good job and have supported their members.
Senior Officials of Dep. of labor Karnataka penalized MNC………….. by Rs.12 Lacs for posting untrue comments to effect termination......................and the issued was well published.
https://www.theyoungbangalorepost.com/mnc-gets-slapped-illegally-terminating-employee-labour-department-orders-compensate-inr-12-5lakh/
https://timesofindia.indiatimes.com/tech/jobs/Techies-up-in-arms-against-poor-IT-policy/articleshow/46224144.cms
https://www.lawyersclubindia.com/forum/Company-sacked-me-without-notice-121837.asp#.Vhntbm5-jMo
NSR/NASSCHOM has replied to IT/ITeS employees union that it is not involved in Blacklisting.
Blacklisting has been discussed in many threads at LCI. You may search in search options on right hand side………………and senior experts/lawyers have commented that ‘……………..you can sue the employer …………………….’. You may go thru these carefully.
The courts of law had to write striking comments in its judgments e.g; in case of:
“ Supreme Court of India”
Sant Raj & Anr vs O.P. Singla & Anr………………….
https://www.indiankanoon.org/doc/476799/
“‘2. Whenever it is said that something has to be done within the discretion of the authority then that something has to be done according to the rules of reason and Justice and not according to private opinion , according to law and not humor. It must not be arbitrary vague and fanciful. [626D]”
https://www.lawyersclubindia.com/forum/3-months-notice-need-advise-86737.asp#.VJ6WzcIRA
https://itnitesunion.wordpress.com/2010/06/23/in-nsr-can-a-employee-be-black-listed-i-am-asking-this-as-some-employers-have-said-this-to-employees/
https://www.lawyersclubindia.com/experts/Blacklisting-in-nasscom-using-nsr-it-pin-514736.asp
https://www.lawyersclubindia.com/forum/Blacklist-by-nasscom-66328.asp
https://www.nasscom.in/background-and-purpose