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Father of lovely Daughter (Father)     23 November 2013

Urgent help / fraud in fnf

Dear Experts,


 I was working with a Travel agency in Delhi, based in Australia. They started with 14-15 people as a travel agency cum call center for their walk in stores in AU. I joined them with as an honest and dedicated employee and also i was in dire need of job. I grew suspicious immediately after joining as the owners were clever more than required. Often they ask us to sign papers for small rules and reasons. Immediately after joining something happened and police came in and took 4 employees of the comp. Till date we never knew what was the reason ? Later after that 3-4 times police came in to office sometimes called by employer and some times by employees. But i continued as i was in need of job. Later they shifted  to new rented premises which have bigger rent figure. They started pressurising employees for more yield and un reasonable demands. They were not confirming employees even after 1 yr of completion neither giving up-raisal. Police was frequent in the office. After working for 1 yr with full dedication and honesty, but still not being confirmed and given any appreciation and upraisal, i decided to quit. I found a new job with good company and later presented my resignation in which i clearly mentioned that I AM RESIGNING AS I WAS NOT CONFIRMED AND GIVEN ANY APPRECIATION. They later replied confirming resignation and asked to serve 15days notice which i agreed. But later they started harrasing me and on last day of working they confined me in a room and tried to make me sign allegation put by them and even threatened me of implicating me in police case as i have violated company contractual laws. But as they were fail to prove, ask me to leave same day and assured me of my FNF within 45 days. They harrased me to the extreme and threat me that they will give wrong feed back about me to my new employer.

I left the comp. in JUL13,But now they are delaying in clearing my FNF and even now deducting 20000 INR. in lieu of financial loss to comp. caused due to a transaction through me.but was not due to my fault. They pressureised me to sign the warning letter which i had to as i was in dire need of job as i was about to become a father and my daughter i a heart patient with rarest of the rare disease.

Kindly advise how to fight with this false company.

Comp. is not charging for any PF and providing any ESIC service.

Strength of the comp. is 40 + above.

A female employee had files a case on them which was later fought in court. no other employee have any information about the same.

Comp. had been recording every movement of the empl. and recording voices in office.

They had even procured my call details and had gathered the information about my past life.

Please guide as i have been earning and saving for my daughters operation pending in MARCH next year which will cost in lacs,

PLEASE HELP.

 



Learning

 12 Replies

Sudhir Kumar, Advocate (Advocate)     23 November 2013

please put facts clearly

1 Like

Kumar Doab (FIN)     23 November 2013

 

You have posted that:

 

 

I left the comp. in JUL13,But now they are delaying in clearing my FNF and even now deducting 20000 INR. in lieu of financial loss to comp. caused due to a transaction through me.but was not due to my fault.”

Has the company issued any FNF statement to you for acceptance and has it shown recovery in FNF statement in writing?

The FNF wages should be paid on last day in office, within next 2 days or max. by usual pay day.

 

They pressureised me to sign the warning letter which i had to as i was in dire need of job”

 

Have you replied to this letter/show cause notice?

 

Have you concluded/replied that it was not due to your fault as posted by you?

 

 

The loss if any has to be proved by the employer.

 

The travel agency in Delhi should have registered under Delhi Shops and Commercial Establishments Act.

 

You may submit final representation raising your demands to good offices of appointing authority, MD, with a copy to Head-HR and narrate all previous representations  made so far by you by emails, phone calls, in person and mention names/phone numbers/dates etc…………………….

 

If the good offices also do not reply and disburse the due wages employee can approach:

 

Lawyer/law firm, Trade Unions, 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), Inspector under Delhi Shops and Commercial Establishments Act, o/o Labor commissioner, RPFC in local o/o PF commissioner, Jurisdictional ESIC office, Civil Court for recovery of wages………..

 

The wage ceiling for ESIC was Rs.15000/pm ( being revised to Rs.25000/pm) and the employer has option to contribute PF up to wages Rs.6500/pm.

 

If the company posts negative feedback during reference check/BGV and the comments are false you have the option to sue the company.

 

 

The Delhi Shops and Establishments Act, 1954 is attached. It is so employee friendly. You may go thru it carefully and check if you would be covered under the def. of 'Employee' as in the Act, under Sec 2 Definitions

 

37. Powers and duties of the Inspector.

(b) Duties of the Inspector

(i)  that in dispensing with the services of an employee the provision of the Act and Rules have  been  complied  with  and  no  dues  payable  under  the  Act  or  Rules  have  been withheld;

 

 

 


Attached File : 906397260 delhi shops & establishments act, 1954.pdf downloaded: 98 times
1 Like

T. Kalaiselvan, Advocate (Advocate)     23 November 2013

Kuamar daob has properly answered. Please follow his advise accordingly.

Father of lovely Daughter (Father)     25 November 2013

Dear Experts,

Thank you for your reply.


Have you replied to this letter/show cause notice?

 I had but they have not given me any acceptance for the same because they knew they were putting just an allegation.They forced me to sign the letter mentioning the loss. The owner later did not deducted it from salary but is now trying to adust it from my FNF as i have left the comp. I was the star employee of the comp. but leaving them made them frustrated. They do like the same whosever leave the comp. They made every employee sign one or the other warning letters to record them which will help them fire any employee any time. Police is frequent in the comp.and they have hired a lawyer specially to tackle employees. A girl had sued the comp. in past and had claimed the FNF along with compensation.

What information can i sought through RTI about the comp.

What are the reuirements of the travel ageny/call centre to run in Delhi,IN.

I have been saving single penny for the operation of my daughter who is suffering from rarest of the rarest disease. Kindly advise.
 

Father of lovely Daughter (Father)     25 November 2013

Dear Experts,

Thank you for your reply.


Have you replied to this letter/show cause notice?

 I had but they have not given me any acceptance for the same because they knew they were putting just an allegation.They forced me to sign the letter mentioning the loss. The owner later did not deducted it from salary but is now trying to adust it from my FNF as i have left the comp. I was the star employee of the comp. but leaving them made them frustrated. They do like the same whosever leave the comp. They made every employee sign one or the other warning letters to record them which will help them fire any employee any time. Police is frequent in the comp.and they have hired a lawyer specially to tackle employees. A girl had sued the comp. in past and had claimed the FNF along with compensation.

What information can i sought through RTI about the comp.

What are the reuirements of the travel ageny/call centre to run in Delhi,IN.

I have been saving single penny for the operation of my daughter who is suffering from rarest of the rarest disease. Kindly advise.
 

Father of lovely Daughter (Father)     25 November 2013

Sir,


 I started working in a travel agency cum call centre based in Australia. Totall strength now 40+. Comp. every now and then forced employees to sign papers, warning letters and other docs. They even forced me and other s to sign on stamp paper which has en number of rules which also said: I cannot work with any other travel agency of australia or any competitor of them for 3 yrs and cannot operate a travel agency for 6 mnths. , even when i  was not confirmed and on probation.

Police was frequent visitor in the comp. They record voices and videos of every empl. of the comp.

Once the booking was wrongly issued with loss of 25000INR. the ask me to sign a warning letter in which it was written that i agree to bear the loss from my salary. I put an objection and they later waived the charges as i was star emplye. But  i was  in constant fear of being implicated in false case like other previous employees. I put down my papers when i was not confirmed even after 1 yrs as they were keep on giving the reasons that my perfomance is not good whereas i was star employee and earning good for the comp.

On the last day they forced me to sign a paper and feared me of implicating me in police case. They confined me in a room for 3 hrs, but that day i did not signed any paper and resisted. They later ask me to leave and assured me of my fnf after 45 days. I had written them 4-5 email since then and even recored their voice 2-3 times ( accounts mangr) and asked pro acitvely about my fnf amt, but they never replied and now suddenly after 3 mnths they have showed that letter and deducting 20000 inr from my salary + 3 days leave which i never took and other perks. Even me and other ex employees who left cannot enter the building of the comp.

What information can i sought through RTI about the comp. which will help me in fighting these fraudsters ?


Again I thank you all Experts for giving your valuable advise and time.

Regards.

Kumar Doab (FIN)     25 November 2013

  

 

If you narrate all information and your query point wise in one go it shall help you.

 

 

 

 

>> A call centre is also covered by Shops and Commercial Establishments Act.

 

 

You might have come across the judgment delivered by Delhi High Court which is quoted in many threads in this forum:

 

 

 

 

 

Call Centre Is an Establishment under the Shops & Establishments Act – Delhi High Court 2012

 

 

 

Delhi High Court

Mantec Consultant Pvt. Ltd vs State & Anr on 11 April, 2012

 

It is attached.

 

The travel agency in Delhi should have registered under Delhi Shops and Commercial Establishments Act.

 

A Travel agency cum call center should have registered under Delhi Shops and Commercial Establishments Act.

 

>> If you have submitted the explanation by letter and have a copy you may affirm that this explanation has already been submitted in office by hand to Mr/Ms………………..designation………………..dept……………...name of company.......................address………………….on dated......................................and no loss has been caused by you.

 

Since as per your post the company is under CCTV surveillance with audio, employee may demand the footage.

 

If the company has resorted to false allegation and has forced/intimidated the employee to accept the loss without proving it your lawyer may advice that the matter may become criminal intimidation and fraud.............................. and criminal complaint can be lodged.

 

>> Even if an employee is poor performer or a star performer the earned wages have to be paid.

 

>> The deductions from wages that are allowed as per statue, instrument of law, enactments are explained in Delhi Shops and Commercial Establishments Act, Payment of Wages Act ..........................

 

If you have explained that you are not at fault and no loss has been caused by you the company should not succeed to deduct any amount claiming your acceptance on warning letter, from your FNF wages/statement/settlement.

 

 

 

 

 

The company may not succeed to treat the acceptance on warning letter as a private agreement with employee for deduction. Such approach of the managers of the company may boomerang on it.

 

 

 

 

 

Employee can approach police for any criminal acts of employer.

 

 

 

 

 

There are threads to suggest that employees have been contemplating to lodge criminal complaints u/s 406, 420................................for criminal breach of trust................

 

 

 

 

 

 

You have quoted an incidence of a female employee.

 

It is vaguely remembered that a female employee’s matter was posted in a thread and employer carried cash, letterhead, seal of company to police station and paid FNF wages and issued relieving letter in police station.

 

>> The Non Compete clause may very well operate till the person is employee of the same company.

 

Indian courts have consistently been declining to enforce Non Complete clauses and agreements post termination of employment treating it violative of right to work and earn livelihood and as it hits the provisions of Indian Contract Act.

 

You might have come across many threads at LCI in which these issues are discussed in detail.

 

>> Being a private establishment it may not fall within the purview of RTI.

However the regulators do fall within the purview o f RTI.

If you lodge complaint with Inspectors as already pointed out you can obtain certified copies of records and registers from the Inspectors.

 

>> If the FNF statement issued to you is not correct you may decline to accept it in writing under acknowledgment.

 

Your lawyer may advice you that time to lodge complaint with Inspector under Payment of Wages Act  is 1year and that if you are not covered as ‘Workman’ as in ID Act and as ‘Employee’ under the def. of 'Employee' as in Act, Delhi Shops and Commercial Establishments Act then the limitation period in your case may be 3 years and that therefore you may act in time or you may forget about your dues.

 

Employee can approach trade Unions also. The top office bearers of some of the trade unions sit in parliament and trade union leaders know precise ways to handle such issues and such employers.

You have stated your perceptions about this company and the fear psychosis of employees.

At Delhi almost all media companies have its office. If the police steps on the toes of employee on the behest of employer the media may investigate.

The employee also has the option to escalate to Police Commissioner, and higher officials, NGO's etc..............................and can even approach Chief Justice of High Court.

However it is felt that this company is also too fearsome and a legal notice by your lawyer may be sufficient to drill sense into the heads. You may fine tune your representations and proceed as deemed fit and suitable at your end and approach the forum of your choice.

 

 

 

 

 

 

  


Attached File : 260304730 mantec consultants pvt ltd vs state and anr.doc downloaded: 65 times
1 Like

Sudhir Kumar, Advocate (Advocate)     26 November 2013

well elaborated by Mr Kumar Doab

Father of lovely Daughter (Father)     12 December 2013

Dear Experts,

 Thank you for your replies and support,


I have tried several times for my FNF to the company but they are telling me that i had signed and accepted the loss which i have to pay else no FNF will be given and they will give bad feedback for me in the industry as well. They are also denying for giving any explanation, which i had, but they have not given me any acceptance copy. Kindly guide me how to fight this false comp. Few points below


1. The comp. is located in NSP, Delhi. My salary was 32000INR. No PF or ESIC was deducted. I joined in JUL12 and left in JUL13. Comp. is based in Australia and running a call centre for them in Delhi.

2. The loss was occured in April, and i resigned in Jul. On last working day they did not gave me any acceptance, but upon reaching back home, i wrote a letter stating they have considered today as last working day and kindly advise my FNF statement. But they did not replied and is now advising of deduction in NOV, nearly after 3+ months. Also they are deducting my 3day leaves and is also not adjusting my paternal leaves, which were later adjusted from my earned leaves. they never confirmed my services even being best employee after completion of 1yr. They are giving this or the other reason to all employees.


3 How can i obtain a copy of police complaints filed by other employees or by the comp. on employees from PS, or any other info from LABOUR OFFICE, like weither the comp. is registerd under certain labour laws or DS and Estblishment act or any other law mandatory and required which they must be violating.

 
4. Kindly guide how to fight a case against them so that it did not failed as the comp. has a dedicated lawyer to screw current and ex employees and bribe the system to play with the rules. Which good office should i approach as i am from Delhi and office is located at NSP,delhi.

Dear experts kindly guide as i am saving each and every penny for the operation of my daughter who is suffering from rarest of the rare disease.
 

Kumar Doab (FIN)     13 December 2013

Demand the original hard copy of FNF statement under original and seal and signature of competent employee of the company.

If it is not correct do not accept and reject in writing citing errors.

 

Mere issuing a warning letter and getting an acceptance does not complete the inquiry and the loss has to be proved.

You have posted that “I put an objection and they later waived the charges as i was star emplye.

You may cite the objections raised by you and claim it as non acceptance.

 

 

 

The wages are to be paid by the regular pay day. The employee can lodge a complaint the minute employer delays the payment of wages even by a day. The employer can be fined and it may be Rs.7500/ instance...........................

 

 

 

 

 

If paternal leave is as per leave policy of the company and leave application was submitted in time and was approved it can not be adjusted against any other leave. Download and relate with leave policy of the company.

 

 

 

 

 

If company has not paid last month salary then it might have not paid PF, ESIC, Group Insurance, TDS etc.....................and this would be default.

 

 

 

 

 

Copy of the complaint from police can be obtained thru RTI from RTI cell, or from employee/complainant....................

 

 

 

Labor Inspector may also be the Inspector under Payment of Wages Act, Inspector under

 

Delhi Shops and Commercial Establishments Act.........................

 

 

 

The lawyer of the company is not a Governor. Ill informed and weak willed employees can be subdues however it is not so with a properly informed and strong willed employee. Sound this lawyer that he has to produce the authority given by employer and his Sanad. If he loves his degree and his Sanad he shall know what all he can do what all he can not do at all.

 

 

 AAP (Aam Adami Party) at Delhi is also exposing bribery and corruption and they are seen as red flag by corrupt and corruptors.

 

 

If you are feeling alone approach trade union leaders................................like INTUC, AITUC, CITU etc ................

 

 

 

 

 

Employee can approach:

 

 

 

-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include the HR personnel, Manager Finance, appointing authority, CEO, Chairman, Directors, MD and this Lawyer/Legal Advisor  in list of noticees............

 

Designation alone does not decide employee is covered as ‘Employee’ as in Shops and Commercial Establishments Act, and ‘Workman’ as in ID Act....................

 

Your lawyer may ask you a set of structured questions and may opine that you are covered.

 

 

-Trade Unions/ Employees Unions: They know precise ways to handle such issues

 

 

-Inspector under  Shops and Commercial Establishments Act; 

 

-Inspector under Payment of Wages Act( applicable to all employees drawing wages as per def. of wages in the enactment up to Rs.18000/pm) :: The period to lodge complaint with Inspector under Payment of Wages Act is 1Y however to  condone the  delay is pleasure of the authority.
 

 

 

-RPFC, Addl. CPFC n the state, CPFC......................for PF

 

-Jurisdictional ESIC Inspector, for ESIC

 

-ITO-TDS where employee files ITR and Jurisdictional Cit-TDS where employer files ITR

 

-o/o Labor commissioner

 

-Civil Court.

 

There are threads to suggest that employees have been contemplating to lodge criminal complaint u/s 406,420..................

 

And to approach employer as creditors treating unpaid wages as debt on employer.

 

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

 

 

Approach your lawyer. The lawyer that has seen all of your docs and has analyzed the inputs can advice you the best.

 Enough has been discussed in this thread.

Hope this shall suffice.


 

 

 

1 Like

Father of lovely Daughter (Father)     14 December 2013

Dear Sir,

Thank u for your elaborated advise.

Kindly advise will police give me the fir copy of lady complainent, can i obtain the detailed summary of the court case follow up between the lady employee n comp. Kindly suggest any lawyer in Delhi who can guide me or how to fight case.

 

 

Kumar Doab (FIN)     14 December 2013

 

Copy of the complaint from police can be obtained thru RTI from RTI cell, or from employee/complainant....................

 

Local lawyer can advice you on how to obtain the detailed summary of the court case and explain the benefit of it.

 

 

You have to find your lawyer at your location on your own and settle your terms by yourself.

 

If you wish to avail the services of lawyer at LCI you can conduct search at:

 

https://www.lawyersclubindia.com/lawyers_search/#.UqwHkdIW1MA

 

LCI has flasshed the list of related lawyers on the bottom of this web page and list of Pro Lawyers too on this web page. You can talk and chat with them.

 

You may have a lawyer in your neighborhood and he may be well versed with such matters.

You can obtain list of labor consultant/service lawyers from labor court/civil court.

 

Your near and dear ones can also guide you to a competent and experience labor consultant/service lawyer.

 

 

 

 

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