Wrongful termination & stoppage of my salary wages

Did you record calls/meetings (audio/visual) during which you were obstructed to enter the office………………………..resignation was demanded from you………………………..threats were made to you?

If yes or if you have irrefutable evidence/witness then you can substantiate your viewpoints.

Did you submit in writing under acknowledgment on the 1^st instance  that you are being prevented to enter office?

What is this establishment; Commercial, Industrial, Small Enterprise? The registration certificate should have been displayed near entrance.

The div/office where you were located is redg. as factory or commercial establishment?

What is its line of business: e.g.: IT, Banking, etc?

How many people are employed in it?

The Redg. office of the company and reporting office of the employee is located in which state?

Employee was located in which state?

What was employee’s designation and nature of duties and how many persons were reporting to employee?

Did  employee have any power to sanction leave, pass increment, conduct appraisal, recruit/appoint/terminate?

Who has signed the appointment letter?

Who has signed the show cause notice?

Is it stated in appointment letter that service conditions shall be governed by HR policy/service rules and regulations/conduct and discipline rules/standing orders (certified/model) and do you have copy of these?

Was the employee under probation period or a confirmed employee? 

Do you have any evidence that company is retrenching the staff?

Is there any ‘Employee’s Committee/Grievance Rederessal Committee’ in your company and did you approach them?

Are you a member of any employee’s/trade unions?

Has the ALC declined to forward your complaint in writing/declared the conciliation proceedings have failed?

Reply point wise to each point.

It shall be appropriate to consult an able labor law consultant/service matters lawyer-Law firm with copies of all docs on record as mentioned above and any other relevant evidence that you might have and proceed under expert advise of your lawyer. 

Your lawyer may opine that you can:

 --Lodge complaint with Inspector under Payment of wages Act if your wages are upto Rs.18000/pm as per def. of wages as in this Act

--Lodge complaint with Inspector under (Name of your state) Shops and Commercial Establishments Act

One of the job of the Inspector is to ensure that wages/FnF wages of employee are paid in time.

--Lodge complaint with O/O Labor Commissioner…………………………………and can handle the objection of ALC and matter may be forwarded to Labor Court if the conciliation proceedings have failed.

--Approach civil courts

---lodge criminal  complaint under u/s 406,420......................

---file for winding up petition.

--approach employee's unions, trade unions leaders ( e.g. INTUC, CITU,BMS,etc............)and................they may succeed to put pressure and can also represent you in labor Court.

I am a contract basis employee in banking sector in Hyderabad. My querry is regards to how much wages am I eligible for on a monthly basis as I have retired as a Naik Subadhar from the Indian Army. Also which category of labour do I come under viz. HIGH SKILLED, SKILLED, SEMI SKILLED OR UNSKILLED.

Thanks and regards

Sorry for late reply sirs & thank you so much for your quick response. please find the answers.

Did you record calls/meetings (audio/visual) during which you were obstructed to enter the office………………………..resignation was demanded from you………………………..threats were made to you? yes i have audio recordings of all threats & demands of resignations & obstructions to enter the plant.

If yes or if you have irrefutable evidence/witness then you can substantiate your viewpoints.

Did you submit in writing under acknowledgment on the 1^st instance  that you are being prevented to enter office? Honestly 'No' i started writing E-Mails from 7th of August. Before that i tried to call them but there was no response. the detail from 1st august to 7th august i have sent you as PM. 

What is this establishment; Commercial, Industrial, Small Enterprise? The registration certificate should have been displayed near entrance. This is a 1200 mega watt Power plant 

The div/office where you were located is redg. as factory or commercial establishment?

Office is registered under Factory act 1948 & Odisha (state) Factory Rule 1952 

What is its line of business: e.g.: IT, Banking, etc?

 Power Generation Company, 1200 mega watt power plant

How many people are employed in it?

above 200 

The Redg. office of the company and reporting office of the employee is located in which state? Regd. office is in New Delhi, site office where i was located is at Dist.-Angul, state-Odisha 

Employee was located in which state? Odisha

What was employee’s designation and nature of duties and how many persons were reporting to employee? Designation-Engineer, no one was reporting to me. My work was to monitoring the work of contractors

Did  employee have any power to sanction leave, pass increment, conduct appraisal, recruit/appoint/terminate? No

Who has signed the appointment letter? HR-Head based at New-Delhi

Who has signed the show cause notice? AGM-HR/IR based at Odisha site

Is it stated in appointment letter that service conditions shall be governed by HR policy/service rules and regulations/conduct and discipline rules/standing orders (certified/model) and do you have copy of these? it is written in joining letter that ''you shall be governed by all the rules & regulations of the company''.. yes i have a copy of this

Was the employee under probation period or a confirmed employee? 

i was working since May'2012(more than 2 years). company is not providing confirmation letters to any employee. in joining letter its stated that i will be on a probation period of 3 months. within probation period my service can be terminated without any notice or assigning any reason. however if i leave service within probation, i have to give 3 months notice or salary.  

Do you have any evidence that company is retrenching the staff? No, I have never mentioned that in any letter or complaint. i just stated it in this website for reference of readers only. 

Is there any ‘Employee’s Committee/Grievance Rederessal Committee’ in your company and did you approach them? No, there is no such committee.

Are you a member of any employee’s/trade unions? No

Has the ALC declined to forward your complaint in writing/declared the conciliation proceedings have failed? No.(i got a notice for joint enquiry on 11th sept but when i approached office the said ALC was absent. i am yet to receive further notice. when i approached her for enquiring about next notice, she told me this verbally  as i am getting rs28,000/month) 

Reply point wise to each point.

It shall be appropriate to consult an able labor law consultant/service matters lawyer-Law firm with copies of all docs on record as mentioned above and any other relevant evidence that you might have and proceed under expert advise of your lawyer. i have sent the detail date wise as PM for your reference sir. SIR, please guide how to lodge criminal  complaint under u/s 406,420.

It would have been better if you had posted the details instead of PM, in this thread.

You could erase the names to maintain the confidentiality.

Thus you would have got the advise of many of the experts/members/visitors.

You have posted that:

--you have the evidence of demand of resignation from you. Such demand can be termed offence. The evidence shall support your version.

--you have evidence of threats, representations to various officials including good offices of CMD

--you have lodged complaint with ALC...................The ALC usually refers the mater to Labor Court if conciliation fails...........................In your case what has been place on record  by ALC is not known.

You can be represented by Trade Unions Leaders too......................

It shall be appropriate to consult an able labor law consultant/service matters lawyer-Law firm with copies of all docs/evidence/recordings on record as mentioned above and any other relevant evidence that you might have and proceed under expert advise of your lawyer. 

Your lawyer would be aware of Factory act 1948 & Odisha (state) Factory Rule 1952 , too, and can also guide you on how lodge a complaint on being forced to resign........................and u/s 406,420......................

Harassment in Detail & Actions taken by self: Seeking expert's advice for a solution

1-     31^st July 2014 - Mr. AGM- HR/IR Department verbally told me to resign from the service. When I denied, he threatened me to spoil my career by terminating my service by putting false allegation.

2-     1^st August 2014 – (i) I reached at the main gate at about 8.45am, the security guards restricted my entry into the plant area and mentioned that they got instructions from management. When I call HR’s department, Mr. AGM-HR told me to first resign & then enter into the plant to collect previous month’s salary & full and final amount. (ii) I intimated the matter before the In-charge of Local Police station verbally & they advised me to make mutual compromise. But when I tried to approach at the plant’s gate, again security persons obstruct me to enter into the plant. Also there was no response to my phone calls. During such version 2-3 days were lapsed.

3-     5^th of August 2014 – Management stopped my salary of July’2014 where all other employees got their salaries on that day.

4-     6^th August 2014 – When I again verbally reported the matter of salary stoppage to In-charge of Local Police station, they again advised me to take this matter to D.L.O. I also tried to enter into the plant again to meet HR’s persons, but security person stopped me again.

5-     7^th August 2014 – I wrote an E-Mail to HR’s dept. regarding my salary stoppage but there was no response even to my phone calls. Hence I again tried to enter into the plant at about 9 pm to meet HR persons, but again security guards stopped me. When I called to Mr. AGM-HR, he told me that there is a ‘No Entry’ for me until I resign & asked me to come on the next day. Security Head told me that they got instructions from Management not to allow me into the plant premises until further hearing.

6-     8^th August 2014 – I intimated the whole matter of last night to HR Dept., HR Head, Project Head and Mechanical Head through E-Mail. When I approached at the main gate, again security concerned stopped me at main gate & informed this to Mr AGM-HR. Then Mr AGM-HR came to the main gate & again asked me to give resignation after which he will try to release my previous month’s salary & three months basic salary against notice period. He threatened me to spoil my career if I won’t obey him. I denied & returned.

7-     Afterwards I got several phone calls from Delhi head office as well as from Mr. AGM-HR regarding the same.

8-     11^th August 2014 – As I did not get any response from the Management, I lodged a complaint at Honorable Assist. Labour Commissioner.

9-     12^th August 2014- I got phone call from HR’s department of Delhi Head office asking for my full and final settlement where as I have never resigned, neither I got any termination letter nor have I agreed/signed any document regarding this.

10-  13^th August 2014 – I got a phone call from Mr. AGM-HR & he again pressurized me to resign & asked me to come to office on the next day for a meeting. I wrote an E-Mail to CEO about the matter in detail.

11-  14^th August 2014- When I approached at main gate & called to Mr. AGM-HR found that he was not present at office.

12-  26^th August 2014 – I again tried to enter the plant to meet Mr. AGM-HR. Again security guards stopped me & Mr. AGM-HR came to main gate. He again pressurized me to give resignation & also denied my entrance into the plant until I resign.

13-  30^th August 2014 – I sent registered complaint letters to In-charge of Local Police station & Mr. AGM-HR mentioning this matter in detail.

14-  8^th September 2014 – I got a notice from A.L.C. for a joint enquiry on 11^th Sept 2014 at 3.30pm against my given complaint.

15-  9^th September 2014 – I again sent a registered letter with A.D. to Sr. Director-Project mentioning this matter in detail.

16-  11^th September 2014 – When I approached A.L.C. office, on the fixed time at 3.30 pm, found that the said A.L.C. was absent. Hence no solution made.

17-  15^th September 2014 – I received a show cause notice through registered letter signed by Mr. AGM-HR, where no official letter number has been mentioned. In that notice he neither asked me to join within stipulated time nor asked me the reason of my absence. He only falsely alleged that I am absent from my duty since 1^st of August 2014 without any information & asked me to deposit 3 month’s salary on the name of the company failing which legal actions will be initiated against me.

18-  16^th September 2014 – I sent a declaration vide affidavit dated 15^th September 2014, against the show cause notice where I mentioned my innocence & the whole matter in detail. I sent the scanned copy Via E-Mail & also by registered post with A.D. to Mr. AGM-HR.

19-  22^nd September 2014 – I lodged a complaint of the same matter in detail at honorable Collector Grievance cell. They again forwarded the matter to ALC.

20-  29^th September 2014- I wrote an E-Mail to Chairman regarding this matter.

21-  2^nd October 2014- I again wrote an E-Mail to Chairman asking him for a solution.

Forced resignation can be termed offence and also deemed termination.

In such case your employer  has to tender notice pay.

The employer thru its attornies in HR/Line Management has been into............................forced resignation/deemed termination/retrenchment and you seem to have place sufficient communications on record.The good offices of appointing authority, CMD have aparently also not provided any relief. 

If you are not able to handle the matter on your own, entrust it to your lawyer.

It shall be appropriate to consult an able labor law consultant/service matters lawyer-Law firm with copies of all docs/evidence/recordings on record as mentioned above and any other relevant evidence that you might have and proceed under expert advise of your lawyer. 

My only fear is:-

1- In joining letter its stated that serial no. 1"i will be on a probation period of 3 months which can be extended at the discretion of the management. After successful completion of this period, i will be confirmed in the regular services as per the rules of the company. within probation period my service can be terminated without any notice or assigning any reason. however if i leave service within probation, i have to give 3 months notice or salary."

My question is i am working since more than 2 years & company is not providing confirmation letters to any employee. so can i be treated as a regular employee or in probation period. can i use there show cause notice to prove my confirmation of employee as

for your note: in the show cause notice from HR-AGM, its stated that " as per term condition of your employment ref. no. XXXXXX Dated 10/05/12 at serial no. 2, where it is clearly mentioned that if you leave your service s, you will have to pay 3 months notice or salary in lieu thereof, to the company."

*** where in my appointment letter SERIAL no. 2 states that "after confirmation, your service can be terminated by the company with 3 months notice or salary in lieu thereof. similarly if you leave your services, you have to give 3 months  notice or salary in lieu thereof, to the company.

2nd question is here salary means gross salary or basic salary. can i ask for gross salary as there is nowhere mentioned basic salary. my in-hand salary is 29K & BASIC SALARY is 18k.