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Sudheendra (Social worker )     18 December 2014

No response post reply to legal notice

Dear Sir,

 

My company has issued me a legal notice for recovery of their property stating the reason as absconding, after I raised a harassment issue due to which I was not allowed to work (for the past 10 months).

 

A due reply was sent through my advocate stating that I'm still under employment as I have neither resigned nor has the company terminated me. Also there was no negative remark about my work or behavior. 

 

All the while I kept pleading the company to consider my employment and stop the harassment for which they turned deaf ears.

 

Post my reply to their legal notice, there has been no action or communication from the employer.

 

Kindly guide me how to proceed further. 

 

Thank you ...



 8 Replies

Jai Karan Nagwan (consultant)     19 December 2014

Now it's your turn to issue legal notice and involve your MD/ chairman, thereafter File civil suit if you are manager or supervisor and file application before labour commissioner and thereafter raise industrial dispute after 45 days from the date of filling complaint to commissione. Hopefully you are clear in both situation.
1 Like

T. Kalaiselvan, Advocate (Advocate)     24 December 2014

If company has sent you a notice for recovery of company's property after 10 months of your absence in the employment, what were you doing all these ten months, have you not sent any notice or communication to the company's management to know about your employment status?  Even now you have not sought for allowing you to join the duties and allocate work to you (?)  It indicates your ignorance and irresponsible attitude towards your employment. However, even now you may act as per law  which has been explained by Mr. Jai Karan Nagwan above.

1 Like

Kumar Doab (FIN)     24 December 2014

You have already approached your lawyer and your lawyer that has examined the docs on record and merits can advise you the best.

 

 

You have posted that:

"

All the while I kept pleading the company to consider my employment and stop the harassment for which they turned deaf ears."

 

This implies from your post ( generic impression:::without looking into flow of events and documents on record) that  you have been representing but the employer and its attornies in line management/HR ignored your representations and rather resorted to tactics/unfair practices to  declare you rather an ::::::ABSCONDER...................

Absconder is a derogatory word...................and you can sue...........

 

Abscondment if proved is misconduct and as per Standing Orders (certified/Model) the employer can proceed against the proved misconduct after sufficient opportunities as per standing orders has been granted.

 

 

 

Designation alone does not decide the person shall be covered as 'Employee' as in (Name of the state) Shops and Commercial Establishments Act.................'Workman' as in ID Act.............

 

Your lawyer may ask you a set of structured questions and may opine that you are covered and can also suggest the appropriate forum to you................

 

 

1 Like

Sudheendra (Social worker )     30 December 2014

Kumar Doab

Thank you sir, for taking time to analyse my situation appropriately.  :)

Your suggestions will surely allow me to have a meaningful discussion with my advocate before proceeding further.  

I have provided my advocate with a copy of

1. appointment letter,

2. communication emails (regarding harassment at work place and several emails requesting management at different levels to intervene and facilitate my working environment),

3. details regarding my employee id,

4. I checked to make sure that,

as per, (Delhi) Shops and Commercial Establishments Act', and,

Workman' as in ID Act, 

I will be considered as an Employee under commercial establishment (publications),

5.  As my minimum wages are above 6500 INR, I have understood that I will have to file a suit in the civil court regarding this matter.

It is very disheartening that no opportunities was provided for me to continue to discharge my regular duties and quite amusing that they sent a legal notice and have done nothing after receiving my response.

However, despite the adversities caused to me, I would once again try to work for a peaceful solution before approaching the court for necessary action.

Yours Sincerely,

 

Kumar Doab (FIN)     30 December 2014

It is good that you have checked and verified that you are covered as workman/employee...... The amount of wages drawn alone does not decide that person can raise ID OR not.... Moreover ID Amendment Act 2010 has raised the limit to Rs.10000/. The Delhi Shops and Commercial Establishment Act lays down in case of absence of applicable service conditions this Act shall govern.... You may check with your lawyer again....
1 Like

Adv k . mahesh (advocate)     09 January 2015

as explained you have to work your plan of action accordingly with your lawyer and as per above replies

but what was the harassment done to you which made the company not to assign your duties and thus are they paying the salary if not have you responded for your salary to pay by communicating your plea through email, letter through registered post which serve as a valid evidence if you go for a civil or industrial dispute against company for your wages and job 

all this 10 months is a very long period without any valid reason and if company has sent any email, or notice to your given address and it has been returned about your termination or absconding notice have your checked them

because even your lawyer would be in a state to fight your case if your provide some basic evidences which make your case more stronger against the employer 

saherin khan   13 December 2019

Now, you need to wait. If the company files suit you shall receive a summon, then contest the same on merits .

 

moshe strugano   24 August 2021

Israeli Lawyer Moshe Strugano is the owner of Moshe Strugano and Co. Law firm, which is a global law firm, offering businesses, companies, institutions, and persons with complete and multi-disciplinarian legal guidance in setting up and increasing their activities to new global forums. Moshe Strugano firm is one of the leading law firms in Israel. The firm offers the best services to companies interested in transferring their business into the global arena.


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