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Suit claiming damages and criminal case

Page no : 2

Kumar Doab (FIN)     24 July 2012

Reinstatement meand everyhting is to be restored to you including your customer base.Demand it in writing under acknowledgment.If denied submit copies of representation to ALC.If required agitate again.

Ask for assignments on daily basis and complete these on daily basis and submit reports by email with a copy to your personal email id.If you are meeting and calling minimum or maximum number of customers as set by company everyday then it is choice customers and also funds with customer to invest with your company or not.

In today's market scenario the business has gone down.If the business is low and decline in sales Vs tgt is uniform and universal you can not be singled out.

Obtain data of all companies and your company on monthly basis. It is felt that SEBI publishes reports of each company.

Prepare minutes of each transaction 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.

Remain careful.You have to learn how to defend and protect yourself.

mmohan (srm)     24 August 2012

Dear  sir

As per the  Labour court reinstatement order was reinstated on 18-07-2011  in the job after a gap of  14 months from termination to reinstatement.Immediately on reporting the duties I had sent the mails to the company officials on the following issues.
1. My email dated 01.08.2012 requesting to re assign my old clients ( SAP ID-104581/Employee ID-10767) & your subsequent mail communication dated 01.08.2012 stating to wait for some time as you do have some technical error in assigning the clients.
2. My email dated 30.07.2012 to 14.08.2012 addressed to HR & CorporateHR, Svp & EVP, CEO of the company requesting for the activation of sales MIS.This mail Reference no is 'Indiabulls=005-437-269' .
3. My email dated 01.08.2012 & 06.08.2012  Requesting for the release of my old incentives of Rs.44,000/-for Jan 2011& Rs.39,000/- for April 2011.

company is not all responding to my mails excepting only reply stating that there is some technical error and requested me to bear for some time. It appears that company is doing with a malafide intention. Request your expert opinion to handle the issue with the management without loosing the job.

Regards

MuraliMohan.

Kumar Doab (FIN)     24 August 2012

You had posted that:

--“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.”

 

Did you file your appeal?

Has the company filed its appeal?

 --“Has the company paid you salary for the month of July as you have worked from 18-07-2011.?”

Have you written to the company why your salary has not been paid? In your salary slip what is the date of joining mentioned?

--Have you consulted your labor consultant/service lawyer on these matters?

It shall be appropriate to keep in touch with your lawyer, and proceed under expert advice.

--“company is not all responding to my mails excepting only reply stating that there is some technical error and requested me to bear for some time. It appears that company is doing with a malafide intention.”

You have escalated the matter to the highest level i.e. CEO.

Usually companies hide behind such statements” due to some technical error” without elaborating what is the technical error.

When company has issued the same employee code and everything in its archives and record what can be the technical error?

--Has the company assigned any duties to you? Are you marking your daily attendance as all employees do?

--You may demand that all emails in your archives be restored to you and all incentive circulars and other circulars in these 14 months circulated by company be supplied to you.

Remain vigilant and in touch with your labor consultant.

Valuable advice of learned experts/members is sought.

mmohan (srm)     27 August 2012

Dear sir

 Backwages case is pending in dcl. still compnay is not field any appeal  to DCl.Company Lawyer is asking to some tome to DCl. he is given some time 29th aug.

Last month salery is not receved. july and aug salery is coming in this month.

Still compnay is not asigend  and work or any duties.. my salesmis is not acctived. so many times i put this mail in sales mis issue. there is no reply in compnay side.attedence sestym is working. this is biomaterc sestyam.

Request your expert opinion to handle the issue to HIGH court ( any section in Labour Law )without loosing the job.

 

Regards

murali

 



 

 

 

Kumar Doab (FIN)     28 August 2012

Kindly attach papers of your  case filed in .........dcl.

If salary is paid to all employees in bank a/c has the company opened any salary a/c?

On the pay day if salalry is not paid to you along with all employees you should submit a representation under acknowledgment.

Kindly proceed under expert advice of your lawyer.

mmohan (srm)     06 September 2012

Dear sir

 

 i am attached file of DCl filed( back wages case )  and  Latest pay slip.

salery chquee is till  not receved .but compnay Hr pepole send a  courer in today . so its coming is tommarow.

 

Regards

Murali

 

 


Attached File : 964200741 acl k.murali mohan.doc, 964200741 pay slip 8-12.pdf downloaded: 94 times

Kumar Doab (FIN)     06 September 2012

Pay Slip: Check theleave balance carefully.

Leave availed=6.5

CL=0

For how much period as per your company policy PL can be carried forward? Look into it and do the needful as suitable to you.

PF is not deducted and PF number is not mentioned?????????? Why?????????

Although your Bank a/c number is mentioned and is not record why company has transferred in bank a/c.

What is the mode of transfer to all other regular employees and what is pay day??

Submit gentle communications in writing under acknowledgment, keep record, and remain amiable but vigilant.

As you have been declared a workman try and be a member of some trade union and associate with good leader.

Deliver the dleiverables in your job and justify your performance.

mmohan (srm)     07 September 2012

Dear sir

Pay slip :  leaves  is ok.. PF is alredy submeted to withdrawl in last month. so no pf no..My salary account is closed. so company is given by  chquee. this  no problem. aredy chquee receved.

still  compnay is no work assigend. my sales mis not activated. so many times i put this mail in this issue. there is no reply.

my old clintes base  are not assigend.i asking so many times. compnay is no reply.

 

 

 

Kumar Doab (FIN)     07 September 2012

You could have avoided withdrawal of PF.

Your lawyer has emphatically pointed out that ALC has not applled  mind while deciding on back wages.

Keep on writing under acknowledgment.Intention of the company is clear.It wants to deny incentive earnings.

If you can handle it and apply tactics let your confident customer send communications in writing that they want to deal thru you only. Companies understand the language of business,voloume,revenue,profits.Be cuatious while you handle it.

mmohan (srm)     15 September 2012

Dear  sir

As per the expert advocate advise(hyderbad ) , it was understood that the reinstatement with back wages may not get through as the same has not been either stated in the appeal or in the argument or in the order issued by ALC. Also this cant be challended in DCl(or) High Court.Your Lawyer is take a mistake in First Appeal. So Your Case is helpbul only on CIVIL& Criminal proceedings . Your views please 

Kumar Doab (FIN)     16 September 2012

Read the attachment

267128469_apse 4 of 2011.docx

Of case number

APSE4/2011

 

 

File by none other than but  you.

On 2nd page first line the ALC has mentioned that:

“Hence this application is filed by the applicant before this authority against the o.ps and he requested this authority to pass orders to set aside the termination orders of the o.ps and to reinstatement with back wages, costs and such other reliefs as the authority deems fit.”

You may read your own complaint/application and you must have prayed for reinstatement with back wages. Your lawyer must have submitted an affidavit from you that you are not employed anywhere.

 

Find enclosed news on Supreme Court Judgment which shall have far reaching consequences.

“SC Judgment Terminated employee Entitled for wages of the period he has not worked”

You may obtain the judgment and benefit from it.

Learned experts/members are requested to attach the judgment


Attached File : 709102454 hindustan times (chandigarh)(2012-09-16) page5.pdf, 709102454 sc judgement terminated employee entitled for wages of the period he has not worked.doc downloaded: 93 times

Kumar Doab (FIN)     16 September 2012

You have posted that:

"Also this cant be challended in DCl(or) High Court.Your Lawyer is take a mistake in First Appeal. So Your Case is helpbul only on CIVIL& Criminal proceedings ."

Kindly consult your lawyer who has defended you and look into your case file.

Valuable advice of learned experts/members is sought.

mmohan (srm)     03 October 2012

Dear sir

 Thanks for your valuebul information on every time.. Thanks very  much   sir.

 Company is givening   by  Salary peoperly. .its noproblem. but still  no wrok alloted by me.

Companay  is Delly  counter  submeted to DCL (reason of suspend the ACL order). still  DCL is pending this counter.

As per my knowledge Delly  counter can be elgibul for aplicant only, Company will not   have right to make a delly counter for DCL. plz  clarfiy me

Regrds

K.Murali Mohan

 

 

 

Kumar Doab (FIN)     03 October 2012

Pls attach the applications of company and yourself.

mmohan (srm)     19 December 2012

 

 

Dear sir

 

 

lat  2 months back  Companay  is Delly  counter  submeted to DCL (reason of suspend the ACL order). still  DCL is pending this counter. Today  dcl Taken this Order. give me notice sir.

 

 Backwages case is today Dcl (reserved for  judgment) stage sir.so i am waitng for judgment.

 

As per my knowledge Delly  counter can be elgibul for aplicant only, Company will not   have right to make a delly counter for DCL. plz  clarfiy me

 

 I attached file of delay counter.plz  clarfiy me sir.

 

 

Regrds

K.Murali Mohan


Attached File : 176772199 p-1.jpg, 176772199 p-2.jpg, 176772199 p-3.jpg downloaded: 86 times

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