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Rashmi Singha (HEAD - HR)     08 November 2013

Un-authorised termination of services by employer

Dear All,

I am a professional with 14+ years of experience. I joined this company 1.5 years back and that changed my whole life. This company is a family owned company where all the directors and senior members are family members. They used my expertise and also asked me to do financial manipulations. Even they were into illegal termination of employees. When I refused to support them in these illegal practices and requested for an amicable separation, they illegally terminated my services and didnt pay of my dues ( Salary for the months worked, leave encashment, bonus, notice pay etc...). They are also trying to defame me with false and loose talks putting a big question on my 14 years of professional achievements.

 My salary for the month of May 2013 & June 2013 (till 10.10.2013) is still not paid.

I was asked to authenticate forged bills of mis appropriated cash transaction worth 1.6 crores done by BOds which I refused.

I was asked to sign letters for mass termination of employees which I refused as it was against the labour laws of the country. as the BODs were not ready to pay retrenchment benefits.

I was not allowed to implement laws and acts which were min. adherence to the labour laws of the land and were a part of statutory compliance.

Though Bonus provision were kept in the books of account for payment of bonus to staffs, staffs were not paid bonus for that financial year and forged Bonus Register was prepared by the Administrator and I also objected to that.

Farther – in –law of CMD kept on humiliating me for 15 days inside the office and even infront of my staffs which I opposed. Father – in – law of CMD doesn’t hold any official capacity with the Company.

I was also given in writing that my salaries will be increased once I complete 1 year with the organization, which they refused.

CMD made me to work for his brother-in-law company for which he had committed to pay me incentive at the end of the financial year but he never paid that rather the profit made out of that company was equally divided between CMD and his brother-in-law. He kept on avoiding when I asked for my dutiful dues.

I was also asked to work after coming home for CMD's, American Operations for which also he has committed to pay me fees but never paid and kept on avoiding when I asked for the same. He has kept all my money with him which will run into lakhs.

I had signed up a 2 years of Service Agreement and without informing me and with baseless allegations, CMD  terminated me from my services when I haven’t yet completed my 2 years.

Since the reasons stated above lead to dis-comfort and dis-content, I requested the CMD, to separate me amicably. But to my utter surprise, I got a call on Sunday (09.06.2013) from CMD not to come to the office anymore and on Monday (10.10.2013), letter of termination with all baseless allegations and without any show- cause notice. All my corporate Ids were blocked on Sunday without even informing me. This is a criminal conspiracy against me not payoff my dutiful dues. Without proofs, CMD has blamed me for the activities which he and his other family members who are also employees of the Company are also into a practice of doing. This lead to mental trauma and dis-comfort. I kept of pursuing to release my salary and other benefits (Leave encashment, Bonus, Notice pay, incremented salary). To my utter surprise, on 16.06.2013 at around 01:00 PM, a person named SARAT SAHOO (who is not a friend of mine in FaceBook), has posted derogatory and baseless text beside my Profile picture in facebook. I would like to inform your kind self that my Facebook has a private status and hence anybody who is not a friend of mine cannot post anything on my FaceBook wall or on my profile picture. That clearly indicates that Sarat Sahoo has tried un-ethical practices as well as technical expertise to hack into my FaceBook sight to post derogatory and defamatory comments. Sarat Sahoo is a friend to Neil (Neil used to be in my friends’ list whom I have blocked now after this derogatory commented posted on my profile picture. Neil is an employee of this Company. The comments so posted were very derogatory and offensive to my reputation and integrity on a Social Media Site. This has hampered my reputation and all my dear and near ones and also senior corporate executives are also enquiring about such a nasty posting. It has also started hampering my career prospects as I was pursuing few career opportunities compatible to my profile after the unlawful discontinuation by the Company and now all are on hold due to the slander and defamation which spreads like fire in the internet. Baseless allegations were posted with a vindictive approach to defame me by hacking into my facebook account. I doubt that Sarat Sahoo is an adapted name of one person inside this Company., because the contents so posted are very specific to the email communication between CMD, and one anonimous person.How come Sarat Sahoo, who is neither an employee nor an acquaintance, is aware of one tone communication between CMD and that un-known person. There are many cases pending in Police Station at Berhampur and Mancheswar against the said company and the Directors in matters relating to non-payment of salary, un-authorized termination and non-settlement of lawful dues. The localnewspaper also came up with a news in the paper on the attrocities done by this Company. I have also lodged a complaint in Cyber Crime Branch on 06.08.2013 for cyber-crime branch, petitioner number - 837, registered for which investigation is going on. I have few office assets with me which has been produced as evidence with the cyber-crime branch. These assets have official communication from the BOD on their wrong deeds.They have neither released my dutiful dues for last 5 months and to my mental trauma, they are also trying to de-fame me by various illegal ways.

 

I want to take this up in this prestigious forum which can help me get justice.




Learning

 7 Replies

Kumar Doab (FIN)     08 November 2013

 

A competent and experienced labor consultant/service lawyer may ask you a set of structured questions and can opine that whether you would be covered as ‘Workman’ as in ID Act and as ‘Employee’ as in Shops and Commercial Establishments’ Act of the state, or not.

 

 

 

You may not be able to approach Inspector under payment of Wages Act if your wages as defined in the Act are above Rs.18000/pm.

 

In the absence of coverage under these enactments you may have to approach a civil court for recovery of your dues.

 

You may obtain thru RTI the duly certified copies of the communications retrieved by police from official assets and thus you may succeed to place them as case documents on record.

 

If the cyber cell succeeds to trace and prove that the person posting offensive and derogatory comments were either employer or someone o the behest of employer you may succeed in proving defamation.

 

The Inspector appointed under Payments of Bonus Act, Shops and Commercial Establishments’ Act , o/o Labor Commissioner can examine in office or call the registers in his office. If the records and falsified and fabricated they shall suffer penultimate actions.

 

They have to take suo mottu notice of publications and can initiate action.

 

The employees whose rights are violated by the employer can approach trade unions, labor authorities.

 

If you are a whistle blower you may peruse the RTI route.

 

You may approach a competent and experienced labor consultant/service lawyer, law firm at your last location/location of redg. office of the company/ jurisdictional courts as stated in appointment letter/contract of employment/service agreement, and show all of your documents and records and give inputs in person.

The lawyer that has seen all of your docs and has analyzed your inputs can advice you the best. Your lawyer may opine that limitation period of 3Y may apply in your case and you should agitate for calling back the order of termiantion.

 

 

 

 

 

1 Like

Sudhir Kumar, Advocate (Advocate)     08 November 2013

only Mr Kumar Doab has time to read such long narrtives.

Rashmi Singha (HEAD - HR)     08 November 2013

I really need help and guidance Sir. Its a criminal conspiracy against my employer not topay me the following:

1. My Salary

2. Bonus

3. Incremented salary

4. incentives

5. Notice Pay as per AppoitmentLetter

6. Notice Pay as per special contract act.

7. Leave encashment

Rashmi Singha (HEAD - HR)     08 November 2013

By previous employer has done like this with many employees and he is in a habit of doing so. Its a small company run by family members.

I really need help and guidance.

Kumar Doab (FIN)     08 November 2013

 

 

All affected employees may unite hands and stand as witness to each other and should approach a competent and experienced labor consultant/service lawyer, law firm, and lawful authority,  as ap.

 

 

 

The establishment and employer has to adhere to the statues and enactments applicable to it be the company big or small, closely held by family or a public ltd company.

 

No one is outside the purview of law.

 

If it is statutory bonus and Payment of Bonus Act is applicable to the establishment and you are eligible to get the bonus as per provisions of the Act ten if the employer does not pay before 30th Nov it is liable to face penalty and punishment.

 

If its performance bonus and is stated in CTC sheet then again your chances of getting may be good, provided you have performed and you have the record to show.

Leave encashment is as per the provisions of enactment applicable to the company e.g. Factory Act or Shops and Commercials Establishments Act of the state or the superior benefits offered by the employer as per its leave policy.

 

Incremented salary and incentives have to be paid as per bilateral agreement signed by employer with you.

 

You may approach a competent and experienced labor consultant/service lawyer, law firm at your last location/location of redg. office of the company/ jurisdictional courts as stated in appointment letter/contract of employment/service agreement, and show all of your documents and records and give inputs in person.

The lawyer that has seen all of your docs and has analyzed your inputs can advice you the best. Your lawyer may opine that limitation period of 3Y may apply in your case and you should agitate for calling back the order of termination.

 

 

 

The employee(s) can approach as per their coverage by enactments:

 

>> Lawyer/Law firm: The legal notice can help to drill sense into the heads.

 

>>Trade Unions: The Leaders know the precise ways to handle such matters.

 

>> Inspector under Shops and Commercial Establishments Act of the State…………One of the duties of the Inspector is to ensure that the dues of the separated employee are paid.

 

 

>> Inspector under Payment of Wages Act (Applicable to all employees drawing wages as per def. of wages in the Act up to Rs.18000/pm)

 

>> RPFC in o/o PF Commissioner (Nearest office has to help even if the PF a/c is ion some other office)

>> Inspector in Local/jurisdictional ESIC office………….( Wage ceiling for ESIC was Rs.15000/pm as per def. of wages in the Act and it is learnt that it was enhanced to Rs.25000/pm)

 

>> Civil court

 

There are threads to suggest that employees have been contemplating to approach police u/s 406, 420 and employer as creditors treating unpaid wages as debt on employer e.g;

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI

 

 

 

 

 

sachin agarwal (lawyer)     08 November 2013

dear friend

once fraud is always fraud and to resolve the problem you should go to the appropriate authority.

You should make the complaint to the concerned police officer in respect of the illegal day to day affairs of the company

you should also go to the concerned Labour Commissioner if you come under the definition of employee.

You should also make the submission to the concern Commissioner in respect of the dues and pending salary if any.

Ms.Nirmala P.Rao (CEO)     09 November 2013

I totally agree with Mr.Kumar "Doab. Approach a Civil Court for all your  service related grievances and get the desired reliefs.


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