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mmohan (srm)     21 June 2012

Suit claiming damages and criminal case

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 Vishakhapatnam (ACL- 2) Apse act 1988 on this issue and the case already proven in the labour court in the result , " the termination orders issued by the o.ps are set aside.And the o.ps are herewith directd to reinstate the Applicant with immediate effect with continuity of service,within 30 days from the date of receipt of this order . order s  date on 23-may 2012. I have received a order copy on 9-jun 2012.


The management of indiabulls securites ltd instead of rationally analyzing the issue and undertaking the dispute raised by me ,very strangely chose to become hand in glove with number 2 of you. On 27-06-2011 the management filed a reply before the asst labour commisonar and ventured to allege false hood against me.

 

Company's Reply to Labour Court  " That the appellant/ Employee is guilty of " Suppresio Veri " and  " Suggestio Falsi" as he had deliberately suppreseed the  relevant and material  facts from this Honble Court and had not approached with clean hands.Thus on this ground also appeal is liable to be dismissed. it issubmited that the said Appellant /Employee has deliberately concealed the fact that he is Guilty of mis-appropriating  the  compnay,s money/amount and despite opportunity granted to him to return  the  mis-appropritaed amounttheAppellant failed to do so giving vague reasons.Thus the respondesnts Company having no other option but to immediately terminate him in accordanse to HR policy of the compnay managemnt..

 

The compnay as givng  inwriting  of wrong counter (mis-appropriating and company money missuse)  towords  me. its already proved   in labour  court that there is no mis appropriating of funds .and the alleged incentive Amount as been  dirctly cridted by the company. so finally  compnay requsted to be  dismissed... so  iam  going to  filed a  civil case( Damages Case)  And   Criminal case  legally on Company   .its Right way or not?


plz give me  valuablu advise.

 

Regrds

Mohan



 39 Replies


(Guest)

You can sue the company for defamation. For you to succeed in defamation there has to be a finding of the court to the effect that the accusations levelled against you by the company were levelled with a mala fide intent. No conclusive opinion can be given without reading the order.

Kumar Doab (FIN)     21 June 2012

You had posted the details in your previous thread. Kindly post the copy of the order in this thread.

mmohan (srm)     21 June 2012

Dear sir

I attached file of labour court judgment copy..

Regards

murali


Attached File : 267128469 apse 4 of 2011.docx downloaded: 252 times

Anjuru Chandra Sekhar (Advocate )     22 June 2012

Excellent order given by Asst. Commissioner of Labor. Be happy with it.  Do not agitate too much.

Kumar Doab (FIN)     25 June 2012

There seems to be enough in order for you to sue the company for defamation.You may obtain final opinion from your lawyer.Bm of the company collected cut from incentives and dared to deposit in his a/c.This is deliberated in police Station and amound is given back by company officials. 

mmohan (srm)     28 June 2012

Dear sir

At the time of termination(Date 04-05-11)  i was entitled to receive  2 pending Incentives for the month of Jan 2011 for Rs 44000/- And  April 2011 for RS 39000 as per my sales  revenue records.Two months pending incentives which i have not receive before or after termination and till date.i

 so many times i put this   mails  the compnay  this pending incentive issue.  there is no reply in compnay people.i have only proof in email corresponding only.

i fight this issue leggaly . any section in labour law ? plz tell me sir.

 

Regards

Murali

 

 

 

 

 

mmohan (srm)     28 June 2012

Dear sir

At the time of termination(Date 04-05-11)  i was entitled to receive  2 pending Incentives for the month of Jan 2011 for Rs 44000/- And  April 2011 for RS 39000 as per my sales  revenue records.Two months pending incentives which i have not receive before or after termination and till date.i

 so many times i put this   mails  the compnay  this pending incentive issue.  there is no reply in compnay people.i have only proof in email corresponding only.

i fight this issue leggaly . any section in labour law ? plz tell me sir.

 

Regards

Murali

 

 

 

 

Kumar Doab (FIN)     28 June 2012

E mail is proof. If company is maintaining studied silence and is unwilling you may issue legal notice and proceed again.This time you may claim that company is habitual offender.

Have you been reinstated?

mmohan (srm)     29 June 2012

Dear sir

No reinstated sir. Company is going 2 nd appel autroty( Duputy Commisonar of Labour) .i also go to  sencond appel autrory (D C L)  File the  BACK WAGES.

 

Regrds

Murali

 

mmohan (srm)     07 July 2012

Dear sir..

Still company is no reply for reinsted my service. Judgment receved  almost all 25 days Complted.

Sir i going  to Chanse  dirctly High court  for my Casu issue .

plz give me Reply sir.

 

Kumar Doab (FIN)     07 July 2012

Send a representation in writing by redg. post addressed to appointing authority and noticees mentioning order of the court and that certified copy of the decision must have been obtained by the company and a copy is enclosed, and demand for compliance of the decision as ordered by the court. If the company does not comply approach your lawyer and file contempt. Discuss with your lawyer and follow the advice. Keep in touch with your lawyer/labor consultant. Don’t be anxious and don’t haste.

mmohan (srm)     17 July 2012

Dear sir

Today i recevd a reporting copy of Hr deprtment. I take a leter i went to local br office.

company peploe ask to rensted but refused to provied clints who were with me before my termination..

with out my coustmer base if defucult surviee in sales.

i attached a file of compnay leter copy

Sir  plz give valubul  advise me...

Regards

Muralimohan

 


Attached File : 642012749 kudapa.pdf downloaded: 90 times

Kumar Doab (FIN)     17 July 2012

 

Submit the minutes of your discussion to the company employee to whom you reported for reinstatement, with a copy to all and ALC under APSE act citing reference of the order passed by ALC and letter of HR and conclude that company has become biased and in a sense vindictive and intentions are malafide as company has snatched customer base created by and clients brought into business by you and nurtured by you. Term it as breach of trust and kind of cunningness and demand same customer clients to be restored to you at once. If company adopts tantrums you may again agitate  to ALC. Demand a clarification as company has not quoted in specific that your services are reinstated without any break and the compensation ordered by ALC has not been paid and company has not written by which date it shall be paid to you. You may mention that company has quoted some HR policy which has never been supplied to you on date of appointment and till date of termination and as on date. Since no policy has been supplied to you no policy is applicable to you. You may demand copy of the certified standing order be supplied to you which was applicable on date of appointment and as on date. If the same standing orders have been prevalent till date company should state so in writing.

This representation is important hence let it be drafted and structured by a competent and experienced labor consultant/service lawyer. While you submit obtain acknowledgment under original seal and signature of reporting authority, superiors, Head-HR, appointing authority, MD/CEO. If reporting authority declines to acknowledge dispatch by registered post mentioning that he has declined to receive in office and mark a copy to all including ALC.

All this shall help you to agitate and prove malafide in actions of the company if company resorts to penultimate and vindicate approach e.g. transfer.

mmohan (srm)     24 July 2012

Dear sir

Thanks for everything, I have received my old employee code and old sap code.

But company is not providing me the old cliental base we which has taken me six years to create that.

This is performance base and client revenue base job. By take today’s market condition it very poor going on.  So It will be very hard to go on with this condition to reach targets. There are all chances to remove me from the Job in three months time.  Kindly advice me how to go on with this to get my old cliental base if not how to secure my job.

Regadrs

Murali

 

 


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