Workman compelling circumstances to resign & withdraw case

It is clear that your matter has not been handled by Generalist; HR person.

Your matter seems to have been handled by seasoned IR persons in consultation with Legal cell/Law Firm.

Your stakes are high.

You have been involved in tricky situation.

You have signed some documents.

You want to claim that you signed under compulsions.

Since you did not join at location where you were tranferred, probably the salary was not processed, at all.

You want to agitate on issue of back wages, Forced resignation etc etc. 

The onus to prove is on you.

As already Posted: The counsel that has examined all docs, facts on record can advise you the best on steps that you can take, draft your plea the best and argue the best possible for you. Your counsel might have advised you to atleast submit a police complaint under proper acknowledgment.

For Gratuity/PF/Leave encashment: Last drawn salary shall become the issue.

Notice of Determination of Gratuity: It should be supplied. However, is calculation wrong?

[Gratuity= {(Basic+DA)/26*15*No. of Years in service}


(Basic+DA) as per last drawn salary.
If there is NO DA, Basic is considered.

After 5th year of service:

Take period less than 6 months as= 0 year

Take period more than 6 months as=1 year]

The payment is hurriedly credited to your bank a/c as per you. If employer has a/c number it can do do.

The company would give the Notice of Determination of Gratuity/calculation, difference if any.

PF: Employee has to apply for withdrawal/transfer.

Are you not being supported by Unions?

Online discussions have its own limitations.

The counsel that has examined all docs, facts on record can advise you the best on steps that you can take, draft your plea the best and argue the best possible for you.

It is felt that you may not be good in court to argue. 

Have you aubmitted any application to not to permit the lawyer to represent Management?

If you are at small location as posted by you, try to discuss with a counsel at big city/nearest city/your state capitol. 

Dear Mr. Kumar,

                            G ood evening

The things have taken another turn, employer is not willing to pay me

1---- Leave encashment as per Sales Promotion Employees Act1976 ,

2-- Calculations are done on the basis on last withdrwan salary where as my point is last withdrawn salary include Increment which was due prior to last withdrawn salary but employer not paid increment  to me deliverately where as all other employees were given increment except me(  means my last withdrawn salary was 28-01-2015 where as company annual increment is w.e.f January01 , 2015 and same was given to all employess except me)

3---- in the agreement signed by both the parties it is agreed to Pay TADA bills separately , but now employer is refusing to pay

Means in the agreement it was agreed on 6 type of payments  and all company has been  paid except TADA and inferior Leave Encasment and last  drawn salary calaculations .

I am in dilema now how to proceeds , 

waiting to have the things take their own shape

Regards 

Leave Encashment: Already Posted.

Increment: As per service rules/condition if it was to happen in your case (/as in case of other employees) on dated/month………………………………..then it has to happen in your case.

Management may grant it to you say: min.:  say: Rs.50/annum.

Hope you have not surrendered the increment in said agreement. 

TA/DA: Has employer stated declinature to pay in writing/or do you have evidence?

If your (employee’s rights have been infringed upon/violated and/or company is backtracking; you have the right to air your grievances and agitate.

What is stand of your union?

Discuss with your own counsel that has examined all docs and inputs and has advised you.

Ask your counsel if you can approach Inspector appointed under enactments applicable in your case and/or place the violation before court.

Dear Mr>kumar and all experts,

                                                   presently i am in wait nd watch situation as shared with you and further seeking expert advice from all available sources.Regarding the evidences

--------  yes it is mentioned in the agreement TADA will be paid separately.

---------regarding Leave Encashment it is mentioned as per law, and now emploer saying company policy is 90 days where as i am saying as Per SPE Act1976 , employer refusing

--------Regarding calculations nothing is claerly mentioned in agreement only stated all other terminal benefits will be paid , employer is saying last withdrawn salary as base for all calculations where as i am saying include my increment was due even before the last salary but was not paid to me deliverately , employer is refusing.

2----Mr.Kumar i am going to narrate all this to the court and will withdraw the application of closing the case stating the reason of violation of agreement .

But clarify my following queries ------

A------ Resignation was given  condition to fulfilment settling all pending dues , employer is violating it , how to make my resign null and void and how to initiate all this.

B---- As per agreement with employer i am on my stand and not backing from anything , it is the employer who is breaking it , so can i lodge a separate compalint before the Labour office .

C-----If i lodge the complaint before the Labour Office , Can employer too sue me alleging violations and blame money received by me and now refusing to comply by agreement.
D-----Please explore the possibilities i can have and which is the safest.

Regards

Dear Kumar G,

Also please make me understand also---

1----- My present case before labour court with refereence from labour office is ------------ Whether  transfer is illegal/Punishment , if yes what benefits workman is entitled with what facts

2----Where as my agreement with employer is nothing to do with transfer , employer has offered me money and asked for resign and withdrawl of pending case.This agreement has nothing to say about transfer .Means employer has written in the agreement that we are paying to me this and that amount and in lieu of conditions employee has resigned and withdrawing the case pending before the labour court.

3-----Will this agreement and reference before the court of transfer is illegal or not  is totally adverse , can court deny it?

or elaborate me how to analyze the things legally

regards

It is reiterated that the counsel that has examined the said agreement (s)/ references/case(s) files and your inputs in person can advise you the best.

Spend quality time with your counsel.

Online discussions are not substitute of it.

I have already sharted whole heartedly with you.

Transfer order should not smack of malice, malafide.