Workman compelling circumstances to resign & withdraw case

First you gave acceptance to the proposal to withdraw case right, that letter should have been given to court.  Court would decide further on what to do with the case you filed.  Passed appropriate orders.

Then you give resignation and the next steps of settlement. Clearing of your dues etc.

Now this is fast method.  They lured you and took resignation from you.  You simply fell for it.

Now, as I mentioned all those things should have legally happened.  Now if you want to screw the company.  You simply tell in court that you did not intend to take either 5 lacs nor did you want to give resignation, as there is no video recording of you signing it but just a letter they got which states that you signed.  You simply tell you were compelled to sign.  File another case after consulting your advocate on them that they threatened you of dire consequences where it was question of your life and lodge complaint against HR who spoke to you in jurisdiction police station.  Take copy of FIR and file it in the court where your case is going on.  Your HR etc will produce all these documents etc, but you refute them that they threatened to kill you etc, create supporting evidence via FIR against HR.   Case will continue and be decided on basis of merits.

The company will surely be screwed.  
All these are tactics used by private companies as they treat employees as equal to excreta.

friend, file Writ petition in the relevant High court completely narrating all incidents right from labor court on, then under L.S Chandrakumar citation the wages and  gratuity etc are to be treated as property in that judgement , that way use Art 226 Writ read with Art 14 r/w Art 300A and the High court my decide in your favor, as no employer can avoid his or her accoub=ntability or responsibility to the employee, is my advice sir. tks

Dear Mr.Helping Hand and Mr.Balakrishnan g,

                                                                          great thanks for supporting in needy time, your legal opinion is highly valued and just need further clarifications

1---- where should i lodge FIR , incident happened  at mumbai but i am back at Chandigarh which is my working place, and in today date i.e 02-04-2017 and incident happened date gap is almost 25 days , will the court not ask me for delay.Actually truth is i was waiting for amount to credit into my account and thereafter taking legal course.Because prior if  any complaint from my side would have resulted ,company would have never paid me even a single paisa. so coplaint was delayed  for this reason.

2--- Rs 5.00 lacs  credited into my account and one reason of accepting this money was to survive my livelihood, i am without wages for the last 3 years and i am really in need of money to survive and meet my expenses of legal fight. \

3-- If petition is filed before the High court , am i supposed to return this money back to the employer or should i treat this money as my pending wages and keep with me.

4-----Should i ask the court to relief me in revoking my resignation  , which is deemed termination and plee for reinstatement of employment.

5--I have worked in this company for 20 years and given my golden time of life, means at this age getting another job is extremely difficult, so i wish to continue my job with this company only.How to proceed and what are the main points i put before the court for relief.

Regards

Jagtar

The company and its attorney’s shall claim that it was your offer and your acceptance and they have paid.

Forced resignation can be termed deemed Termination.

Onus to prove may fall on you.

Did you sign FormI, for payment of Gratuity, acceptance of FnF statement?

The deposit or Credit by employer of : Payment of Gratuity, FnF dues may not necessarily become acceptance of seperation (termination/resignation/retirement by resignation etc  etc ) by you.

If everything was under coercion, intimidation, pressure, force and you have irrefutable, corroborating evidence  then get it examined in person from your own very able consel specializing in Labor/Service matters at your own location and also by your seasoned union leaders…………………..for a considered opinion.

You taken money.  You should also have some conscience.  You submitted resignation yourself.  You can go back on your words. go for appeal, lodge police complaint, cry foul. Then again litigation increase.  Expenses increase.  All that you have to think.  Its not that 3 years you were on just water and air. You were doing something and you survived.  You had source of income also.

But again be ready to face legal consequences too.  The company also wont keep quiet.  Your decision may have negative impact on future job seeking.

One has to think a lot before taking any step.  Dont be fickle minded.  Let the case go and be happy would be my advise.

Did the company provide you with Notice of Determination of Gratuity?

Did the company provide you with FnF statement?

Obviously not.

nothing was provided , after resignation was given , gartuity cheque was given imediately , no opportunity was given to me.  Further please guide me my pending case before labour  court  is still not closed only written application  adressed to Labour Court asking for closing the case is submitted to the court and court hearing is pending for decision .This application wsa taken by employer from me along with resignation.

Should i plee before the Labour court for not closing the case and narrate the entire incident, and add all the documents with the application.

Regards

If you have uncontrobale urge and firm will then approach your own Employee's/Trade Unions and their leaders.......................and your own very able counsel specializing in Labor/Service matters.

By now you would be knowing almost all of such counsels.

Choose a counsel worth his salt and of unshakable repute.

Show whatever record you have and share all inputs for a considered opinion.

You are aware that your company and its attorney's are going to fight your contentions.

Dear Mr. kumar,

                             i have tried at two three expert counsels in my city( small town) and they have read my agrrement with the employer and advised me followings----

1--- submit an application before the court stating is was one side dictated by the employer and not given me any opportunity to put my grievances or my proposals  and state even this agreement has put me into losses and my pending wages for the last 2 years are still not paid and plee for the same.

2--- Also there is violations of the agreeement as payment of Leave Encashment paid to me is not as per as per labour Law .My counsel is saying make this agreement as part of  settlement award and then claim agreement is violated as leave encashment paid  is not as per labour law, hence violation and let the case continue to decide on its merit.

You kindly elaborate me in details how to proceed as next hearing date is on coming monday.

Hope you have consulted very able counsel(s) specializing in Labor/Service matters.

This is altogether different field of law and very few counsels at each locatgion specialzine in it and very well known.

Usually such matters are referred to them by all counsels woirth their salt and sincere to their profession.

Your counsel(s) seems to be right.

Court is expected to undo the wrong(s) if any.

Employer can not provide benefits (say Leave Encashment) that are inferior to enactments that apply to employer and employee.

Employer can provide superior benfits, but not inferior.

Back wages for 2years: NO Comments.

You seem to have not joined after Transfer Order.

This issue as opined by your counsel is to be pleaded by you (and decided by court).

The counsel that has examined all docs, facts on record can advise you the best.

Usually Employee’s/Trade Unions help to resolve such matters.

They must have helped you.

Good Morning Mr.Kumar and all experts of the forum,

                                                                                      kindly just help me in derafing the following points i wish to submit before the court and hearing in tomorrow----

1-----  No opportunity /Notice  is given to employee in determination of Gratuity, Pf,Leave Encashment   i.e employer has claculated on its own and no confirmation taken from employee. Means the payment of leave encashment is inferior to labour laws and hence violations of agreement between employer and employee.

2--- Court is requested to undo the wrongs happened with the employee i.e  back wages and other allowances not paid to the employee , court should decide on this matter on merits.

3--- Resignation was given under compelling circumstances as no alternatives was with the employee looking into the threat of  termination .In order to avoid the blot of termination and stigma on my future career prospectus  employee had to chose to resign and accept lump-sum amount.

please help in drefting in better way.

Regards