Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Rupali (supervisor)     02 January 2015

No appointment letter nor any written joinning letter ??

Hello All,

I am Rupali had joined a Educational organization i.e Reputed chains of Preschool on 27th Nov as a supervisor to manage the operations of 11 preschool branches in Pune. Since they had not given me either a joining letter, offer letter nor a appointment letter even after continues demanding the same, and now after 30 days they are asking me to resign with the post of Supervisor with salary 30,000/- which they had not given in written.

I have found that they have a regular practice of not giving appointment letters for 3 months and even no salaries for so long to few other employees & teachers. I also met a employee whom they didn't even gave paid maternity leave even after her confirmation.  They had asked a female confirmed employee to resign in her 9th month.

As I questioned all this to my old colleague supervisor who had verbally mis-communicated to the MD and I knew the fact that this management was always keen about not hiring candidates with strong family background eg: Police, Lawyers, and Government officer’s wives. 

knowing that I being a strong person and can harm the organization they called me and asked me to resign giving silly reasons or say no reason to resign simply saying that "We just don't gel up together". I denied resigning as there is neither probation period letter nor any written appointment letter.
The management says “They can ask me to leave job without any reason with immediate effect". As they had no valid reason to terminate me and they just tried to pressurize me for the resign, in which they were unsuccessful.

  I think if I had not done any mistake in the organization, I should just not backup or resign by getting scared for my future employment, I conveyed them that they can terminate me with a justified reason as they didn't wanted to terminate me They simply courier me a letter of Full & Final settlement of dues for attending 35 days in organisation today on 2nd Jan 2015 with a cheque of 34,000/-

They had not even given me any employee code, I was just signing their muster for the month now they don't allow me from their gate and has asked the guard to stop me, not to send me inside the school premises.

My question is that "Can an organisation give Final settlement letter with sending a cheque"??? And stop someone’s job without proper reason or letter of termination or even relieving letter. 

If not what is the action I can take?? What is the step I must go ahead against them in order to fight for truth?

I don't want to accept the cheque and keep quiet or close the matter, Kindly Help.

Regards

Rupali Saikhedkar.



Learning

 5 Replies

Adv Gaikwad 07385647897 (owner)     02 January 2015

Rupali you didn't write anything about what was procedure of selection...

Kumar Doab (FIN)     02 January 2015

Is the school affiliated with any Board e.g. CBSE?

The school is for private gains and might have registered under Bombay Shops and Commercial establishments Act and in such case has to displayed the registration certificate near entrance...As per this Act for 30 days of service notice of resignation shall be NIL..............

 

Have you written to Principle, Chairman that you have been asked to resign on dated..........................by Mr/Ms..................and you were stopped from entering the gate to discharge your duties on dated...........................by Mr/Ms...........................on the orders of Mr/Ms...................

 

This fight may get murky.

 

It shall be appropriate to seek help from local Employees/school employees/trade unions and record all transactions (audio/visual)...... 

T. Kalaiselvan, Advocate (Advocate)     06 January 2015

You may furnish the details sought for by the experts if you are in need of proper opinion.

Rupali (supervisor)     06 January 2015

There was a very simple procedure of selecting where they had a short verbal interview and than asked to wait to see the MD of the School , in his meet he just discused about package and location of joining and passed on the CV on which he wrote selected for Post name and salary to hhis old employee who in return gave the copy to the HR in thier Mumbai Head Office.

They have many branches of school, out of which few high school are ICSE board, few CBSE & even IGSE board. As preschool till Sr. Kg has no boards.

I hav not at all faultier in any of my work, neither I missed to complete any of my duties.

One of the High school principle had asked me to get seprated by resigning after me denying the same they kept a meeting of me with thier elder management representative who was also a trustee of the school he too simply insisted to give resignation.

They than instructed me to leave the premises and said that they don't need my services and i am being immeditely removed from the pay roll out of which nothing they were ready to give in writting.

On my reply that I will assume myself to be on the payroll till i receive any written letter, they asked the guard to stop me on the gate from next day and on 2nd jan i received a final settelment letter with cheque...

they are breaking laws of not giving appointment letters, offer letters  to many employees?? whom can i complaint this.

Can they remove anyone with out a justified reason?? just by one simple letter

Kumar Doab (FIN)     07 January 2015

CBSE Affiliation Bye Laws can be viewed at:

https://cbseaff.nic.in/cbse_aff/attachment/onlineservices/affiliationbyelaws_14112012.pdf

 

You may go thru various clauses e.g. 2(1) (i) (xxii),3(3)(ii)(d)

 

Bombay Shops and Commercial Establishments Act can be viewed at:

https://mahakamgar.gov.in/MahLabour/images/pdf/the-bombay-shops-establishments-act-1948.pdf

you may go thru: 2(4)

 

Assuming that school is not affiliated/or did not affiliate......................but registered as Company/trust .......you can agitate against it in appropriate forum................

The Employee's/Trade Unions can guide you.......

 

It shall be better to proceed further under expert advice of your  Labor Law Consultant/Service matters lawyer...  


Attached File : 508451006 affiliationbyelaws 14112012 (1).pdf downloaded: 50 times

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